QuestionsQuestions (BATAS PAMBANSA BLG. 22)
Generally, the prosecution must prove: (1) the accused made, drew, and issued a check to apply on account or for value; (2) at the time of issuance, the accused knew that he/she had insufficient funds in or credit with the drawee bank for payment of the check in full upon presentment; (3) the check was subsequently dishonored by the drawee bank for insufficiency of funds or credit (or would have been dishonored for the same reason absent an unjustified stop payment order); and (4) the check was presented within the statutory period (90 days from date appearing on the check, for the prima facie knowledge rule).
BP 22 also covers the situation where the drawer had sufficient funds or credit when the check was issued, but failed to keep sufficient funds or to maintain a credit to cover the check if presented within 90 days from the date of the check, resulting in dishonor.
The person or persons who actually signed the check on behalf of the corporation/entity shall be liable under BP 22.
If the making, drawing, and issuance of the check is shown and the check is refused for payment because of insufficiency of funds/credit, and it was presented within 90 days from the date of the check, such fact constitutes prima facie evidence that the drawer knew of the insufficiency—unless the accused pays the holder or makes arrangements for payment in full within the statutory grace period.
(1) Payment of the amount due to the holder after dishonor; or (2) making arrangements for payment in full by the drawee of the dishonored check within five (5) banking days after receiving notice that the check was not paid by the drawee.
It is the period within which the check must be presented to the drawee bank for the statutory prima facie evidence of knowledge to apply. BP 22 text also uses the same 90-day period to cover failure to maintain sufficient funds/credit.
The drawee must cause to be written, printed, or stamped in plain language on the check (or attached thereto) the reason for dishonor/refusal to pay. When there are no sufficient funds/credit, such fact must be explicitly stated in the notice of dishonor.
The introduction in evidence of an unpaid and dishonored check that has the drawee’s refusal reason stamped/written/attached as required is prima facie evidence of: (1) the making or issuance of the check; (2) the due presentment to the drawee; (3) the dishonor; and (4) that the check was properly dishonored for the reason written/stated by the drawee.
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 the bank for payment in full of such check, if that be the fact.
“Credit” means an arrangement or understanding with the bank for the payment of the check.
Prosecution under BP 22 is without prejudice to liability for violation of any provision of the Revised Penal Code.
If any separable provision of BP 22 is declared unconstitutional, the remaining provisions continue to be in force.
Fifteen (15) days after publication in the Official Gazette.
It includes both. The check must be refused/dishonored for insufficiency of funds or credit (or would have been dishonored for the same reason if not for an unjustified stop payment order).