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.
BOUNCING CHECKS LAW
The gravamen of the offense punished by BP 22 is the act of making and issuing a worthless
check or a check that is dishonored upon its presentation for payment.
Check bounces when either the account has already been closed or has insufficient
funds.
What is being punished is the issuance of a worthless check or dishonored upon
payment.
Non-payment of the obligation is not punished.
It is a criminal act; although, alternative with fine. No one will get imprisoned for non-
payment of debt.
The law is not intended or designed to coerce a debtor to pay his debt.
In actual practice, BP 22 is a form of encouragement to pay his debt.
The law aims to prohibit the making of worthless checks and putting them in circulation.
Check is not legal tender but a substitute for money. The debtor cannot force the creditor
to accept it as a form of payment.
The purpose is to be careful in issuing checks
REMEDIES:
1. File for collection of a sum of money
2. File for violation of BP 22
CHECK - A bill of exchange drawn on a bank and payable on demand.
Drawer – issues the check, in favor of the payee, who has an account in the drawee bank
Drawee Bank – releases the deposit
Collecting Bank – account of the payee; forwards the check to the drawee bank and drawee
bank deducts it from drawer’s account. Drawer bank releases the money to the collecting bank.
Section 1.6Checks without sufficient funds.6- 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
