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Bp 22

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BOUNCING CHECKS LAW (BP 22)
An act penalizing the making/drawing and issuance of a
check without sufficient funds/credit
PUNISHABLE ACTS
1) Person who draws and issues check knowing at time
of issue that he does not have sufficient funds or credit
in which subsequently dishonored by bank
2) Person who having sufficient funds/credit, when he
issues a check, fails to keep sufficient funds to cover full
amount of check if presented within 90 days from date
appearing for which reason is dishonored by the drawee
bank
- If it bounces within 90 days from date of
check, there is prima facie evidence that he
has issued check with knowledge of NSF
unless he pays holder within 5 banking days
from dishonor notice
DUTY OF DRAWEE BANK
Written notice of dishonor
Indicating reason for dishonor or refusal to pay
provided there is NSF with such bank and
such fact shall always be explicitly stated in
notice
PENALTY FOR VIOLATION
Imprisonment > 30 days but < 1 yr; or
Fine > Double of check’s amount not to
exceed 200K; or both
EVIDENCE REQUIRED FOR VIOLATION
To prove violation of
BP22 or for crime
conviction
Proof beyond
reasonable doubt
To prove civil damages
on civil action (BP22)
Preponderance of
evidence
To sue or file a case for
violation of BP22
Probable cause or
Prima facie evidence
ESTAFA
BP 22
Fraudulent
No fraud or deceit
Postdated or issued
check in payment of
oblig. At check issuance
Issuance of check to
apply on account or for
value
Insufficiency of funds to
cover the check
Insufficiency of funds &
subsequent dishonor

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BOUNCING CHECKS LAW (BP 22) An act penalizing the making/drawing and issuance of a check without sufficient funds/credit PUNISHABLE ACTS 1) Person who draws and issues check knowing at time of issue that he does not have sufficient funds or credit in which subsequently dishonored by bank 2) Person w ...
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