BATAS
PAMBANSA BLG. 22
AN
ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS
OR
CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws
and issues any check to apply on account or for value, knowing at the time of
issue that he does not have sufficient funds in or credit with the drawee bank
for the payment of such check in full upon its presentment, which check is
subsequently dishonored by the drawee bank for insufficiency of funds or
credit or would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment, shall be punished
by imprisonment of not less than thirty days but not more than one (1) year or
by a fine of not less than but not more than double the amount of the check
which fine shall in no case exceed Two Hundred Thousand Pesos, or both such
fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds
in or credit with the drawee bank when he makes or draws and issues a check,
shall fail to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of ninety (90) days from the
date appearing thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or
persons who actually signed the check in behalf of such drawer shall be liable
under this Act.
Sec. 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.
Sec. 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 sufficient funds in or credit with such drawee bank, such
fact shall always be explicitly stated in the notice of dishonor or refusal.
In all prosecutions under this Act, the introduction in evidence of any unpaid
and dishonored check, having the drawee's refusal to pay stamped or written
thereon or attached thereto, with the reason therefor as aforesaid, shall be
prima facie evidence of the making or issuance of said check, and the due
presentment to the drawee for payment and the dishonor thereof, and that the
same was properly dishonored for the reason written, stamped or attached by
the drawee on such dishonored check.
Notwithstanding receipt of an order to stop payment, the drawee shall state in
the notice that there were no sufficient funds in or credit with such bank for
the payment in full of such check, if such be the fact.
Sec. 4. Credit construed. - The word "credit" as used herein shall
be construed to mean an arrangement or understanding with the bank for the
payment of such check.
Sec. 5. Liability under the Revised Penal Code. - Prosecution under this Act
shall be without prejudice to any liability for violation of any provision of
the Revised Penal Code.
Sec. 6. Separability clause. -
If any separable provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.
Sec. 7. Effectivity. - This Act
shall take effect fifteen days after publication in the Official Gazette.
Approved:
April 3, 1979.