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    Funds. - The Making, Drawing and Issuance of A Check

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    Chrisel Joy Casuga Soriano
    This document is the Batas Pambansa Blg. 22, a Philippine law that penalizes writing checks without having sufficient funds. It establishes penalties like imprisonment or fines for knowingly writing checks when lacking funds. It also outlines evidentiary rules, like unpaid checks being evidence of insufficient funds unless payment is arranged within 5 days of notice. The law defines terms like "credit" and notes prosecution does not preclude liability under the Revised Penal Code. It contains a separability clause and states the effective date is 15 days after publication in the Official Gazette.

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    Funds. - The Making, Drawing and Issuance of A Check

    Uploaded by

    Chrisel Joy Casuga Soriano
    43 views1 page
    This document is the Batas Pambansa Blg. 22, a Philippine law that penalizes writing checks without having sufficient funds. It establishes penalties like imprisonment or fines for knowingly writing checks when lacking funds. It also outlines evidentiary rules, like unpaid checks being evidence of insufficient funds unless payment is arranged within 5 days of notice. The law defines terms like "credit" and notes prosecution does not preclude liability under the Revised Penal Code. It contains a separability clause and states the effective date is 15 days after publication in the Official Gazette.

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    This document is the Batas Pambansa Blg. 22, a Philippine law that penalizes writing checks without having sufficient funds. It establishes penalties like imprisonment or fines for knowingly writing checks when lacking funds. It also outlines evidentiary rules, like unpaid checks being evidence of insufficient funds unless payment is arranged within 5 days of notice. The law defines terms like "credit" and notes prosecution does not preclude liability under the Revised Penal Code. It contains a separability clause and states the effective date is 15 days after publication in the Official Gazette.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views1 page

    Funds. - The Making, Drawing and Issuance of A Check

    Uploaded by

    Chrisel Joy Casuga Soriano
    This document is the Batas Pambansa Blg. 22, a Philippine law that penalizes writing checks without having sufficient funds. It establishes penalties like imprisonment or fines for knowingly writing checks when lacking funds. It also outlines evidentiary rules, like unpaid checks being evidence of insufficient funds unless payment is arranged within 5 days of notice. The law defines terms like "credit" and notes prosecution does not preclude liability under the Revised Penal Code. It contains a separability clause and states the effective date is 15 days after publication in the Official Gazette.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    BATAS PAMBANSA BLG.

    22 sufficient funds in or credit with such drawee bank,


    such fact shall always be explicitly stated in the notice
    AN ACT PENALIZING THE MAKING OR DRAWING of dishonor or refusal. In all prosecutions under this
    AND ISSUANCE OF A CHECK WITHOUT Act, the introduction in evidence of any unpaid and
    SUFFICIENT FUNDS OR CREDIT AND FOR OTHER dishonored check, having the drawee's refusal to pay
    PURPOSES. stamped or written thereon or attached thereto, with
    the reason therefor as aforesaid, shall be prima facie
    Section 1. Checks without sufficient funds. - Any evidence of the making or issuance of said check, and
    person who makes or draws and issues any check to the due presentment to the drawee for payment and
    apply on account or for value, knowing at the time of the dishonor thereof, and that the same was properly
    issue that he does not have sufficient funds in or dishonored for the reason written, stamped or
    credit with the drawee bank for the payment of such attached by the drawee on such dishonored check.
    check in full upon its presentment, which check is
    subsequently dishonored by the drawee bank for Not with standing receipt of an order to stop payment,
    insufficiency of funds or credit or would have been the drawee shall state in the notice that there were no
    dishonored for the same reason had not the drawer, sufficient funds in or credit with such bank for the
    without any valid reason, ordered the bank to stop payment in full of such check, if such be the fact.
    payment, shall be punished by imprisonment of not
    less than thirty days but not more than one (1) year or Section 4. Credit construed. - The word "credit" as
    by a fine of not less than but not more than double the used herein shall be construed to mean an
    amount of the check which fine shall in no case arrangement or understanding with the bank for the
    exceed Two Hundred Thousand Pesos, or both such payment of such check.
    fine and imprisonment at the discretion of the court.
    Section 5. Liability under the Revised Penal Code. -
    The same penalty shall be imposed upon any person Prosecution under this Act shall be without prejudice
    who, having sufficient funds in or credit with the to any liability for violation of any provision of the
    drawee bank when he makes or draws and issues a Revised Penal Code.
    check, shall fail to keep sufficient funds or to maintain
    a credit to cover the full amount of the check if Section 6. Separability clause. - If any separable
    presented within a period of ninety (90) days from the provision of this Act be declared unconstitutional, the
    date appearing thereon, for which reason it is remaining provisions shall continue to be in force.
    dishonored by the drawee bank.
    Section 7. Effectivity. - This Act shall take effect
    Where the check is drawn by a corporation, company fifteen days after publication in the Official Gazette.
    or entity, the person or persons who actually signed
    the check in behalf of such drawer shall be liable Approved: April 3, 1979.
    under this Act.

    Section 2. Evidence of knowledge of insufficient


    funds. - The making, drawing and issuance of a check
    payment of which is refused by the drawee because
    of insufficient funds in or credit with such bank, when
    presented within ninety (90) days from the date of the
    check, shall be prima facie evidence of knowledge of
    such insufficiency of funds or credit unless such
    maker or drawer pays the holder thereof the amount
    due thereon, or makes arrangements for payment in
    full by the drawee of such check within (5) banking
    days after receiving notice that such check has not
    been paid by the drawee.

    Section 3. Duty of drawee; rules of evidence. - It shall


    be the duty of the drawee of any check, when refusing
    to pay the same to the holder thereof upon
    presentment, to cause to be written, printed, or
    stamped in plain language thereon, or attached
    thereto, the reason for drawee's dishonor or refusal to
    pay the same: Provided, That where there are no

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