BATAS PAMBANSA BILANG 22 - CHAN ROBLES VIRTUAL LAW LIBRARY (2024)

Section 1.Checks without sufficient funds. - Any person who makes or drawsand issues any check to apply on account or for value, knowing at thetimeof issue that he does not have sufficient funds in or credit with thedraweebank for the payment of such check in full upon its presentment, whichcheck is subsequently dishonored by the drawee bank for insufficiencyoffunds or credit or would have been dishonored for the same reason hadnotthe drawer, without any valid reason, ordered the bank to stop payment,shall be punished by imprisonment of not less than thirty days but notmore than one (1) year or by a fine of not less than but not more thandouble the amount of the check which fine shall in no case exceed TwoHundredThousand Pesos, or both such fine and imprisonment at the discretion ofthe court.chan robles virtual law library red

The samepenaltyshall be imposed upon any person who, having sufficient funds in orcreditwith the drawee bank when he makes or draws and issues a check, shallfailto keep sufficient funds or to maintain a credit to cover the fullamountof the check if presented within a period of ninety (90) days from thedate appearing thereon, for which reason it is dishonored by the draweebank.

Where the checkis drawn by a corporation, company or entity, the person or persons whoactually signed the check in behalf of such drawer shall be liableunderthis Act.

Sec. 2. Evidenceof knowledge of insufficient funds. - The making, drawing andissuanceof a check payment of which is refused by the drawee because ofinsufficientfunds in or credit with such bank, when presented within ninety (90)daysfrom the date of the check, shall be prima facie evidence of knowledgeof such insufficiency of funds or credit unless such maker or drawerpaysthe holder thereof the amount due thereon, or makes arrangements forpaymentin full by the drawee of such check within (5) banking days afterreceivingnotice that such check has not been paid by the drawee.

Sec. 3. Dutyof drawee; rules of evidence. - It shall be the duty of the draweeof any check, when refusing to pay the same to the holder thereof uponpresentment, to cause to be written, printed, or stamped in plainlanguagethereon, or attached thereto, the reason for drawee's dishonor orrefusalto pay the same: Provided, That where there are no sufficientfundsin or credit with such drawee bank, such fact shall always beexplicitlystated in the notice of dishonor or refusal. In all prosecutionsunder this Act, the introduction in evidence of any unpaid anddishonoredcheck, having the drawee's refusal to pay stamped or written thereon orattached thereto, with the reason therefor as aforesaid, shall be primafacie evidence of the making or issuance of said check, and the duepresentmentto the drawee for payment and the dishonor thereof, and that the samewasproperly dishonored for the reason written, stamped or attached by thedrawee on such dishonored check.

Notwithstandingreceipt of an order to stop payment, the drawee shall state in thenoticethat there were no sufficient funds in or credit with such bank for thepayment in full of such check, if such be the fact.

Sec. 4. Creditconstrued. - The word "credit" as used herein shall beconstruedto mean an arrangement or understanding with the bank for the paymentofsuch check.

Sec. 5. Liabilityunder the Revised Penal Code. - Prosecution under this Act shall bewithout prejudice to any liability for violation of any provision oftheRevisedPenal Code.