QuestionsQuestions (PRESIDENTIAL DECREE NO. 818)
To amend Article 315 of the Revised Penal Code by increasing the penalties for estafa committed through bouncing checks, in response to the rise of such offenses and to protect public confidence in negotiable instruments and the banking system.
It amends Article 315 of the Revised Penal Code, specifically the portion dealing with estafa committed by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of Article 315, as amended by R.A. No. 4885.
It states that any person who defrauds another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of Article 315 (amended by R.A. No. 4885)—which covers the use of bouncing checks—shall be punished under the revised penalty scheme.
The penalty of reclusion temporal.
The penalty in the first paragraph is imposed in its maximum period, with an additional one year for each additional ₱10,000, but the total penalty cannot exceed thirty (30) years.
In such cases, for purposes including accessory penalties under the Revised Penal Code, the penalty shall be termed reclusion perpetua.
Prision mayor in its maximum period.
Prision mayor in its medium period.
Prision mayor in its minimum period.
Although the penalty increases by one year for each additional ₱10,000 beyond ₱22,000, the total penalty that may be imposed shall not exceed thirty (30) years.
It shall take effect immediately.
Prision mayor minimum applies when the amount does not exceed ₱200; medium applies when over ₱200 up to ₱6,000; maximum applies when over ₱6,000 up to ₱12,000; while amounts over ₱12,000 up to ₱22,000 carry reclusion temporal, and above ₱22,000 trigger a graduated increase capped at 30 years and termed reclusion perpetua for penalty effects.
To justify the legislative policy rationale for increasing penalties—deterrence of bouncing-check fraud and protection of negotiable instruments as a medium of commercial transactions.