Amendment of Estafa Penalties for Bouncing Checks

Presidential Decree No. 818 amends Article 315 of the Revised Penal Code by increasing the penalties for estafa committed by means of bouncing checks.
Section 1 covers estafa defined under paragraph 2(d) of Article 315 as amended by Republic Act No. 4885.
Presidential Decree No. 818 operates as “part of the law of the land” through its presidential issuance.

Presidential Decree No. 818 addresses an upsurge of estafa (swindling) cases committed by means of bouncing checks.
Presidential Decree No. 818 states that failure to act would erode the people’s confidence in the use of negotiable instruments in commercial transactions.
Presidential Decree No. 818 states that the resulting effect would retard trade and commerce and undermine the banking system.
Presidential Decree No. 818 declares it is vitally necessary to arrest and curb the rise of these estafa cases by increasing existing penalties.

Section 1 punishes any person who defrauds another by means of false pretenses or fraudulent acts defined in paragraph 2(d) of Article 315.
Section 1 limits the covered fraudulent acts to those as defined in paragraph 2(d) of Article 315, as amended by Republic Act No. 4885.

Section 1(1) imposes reclusion temporal when the amount of the fraud is over PHP 12,000 but does not exceed PHP 22,000.
Section 1(1) provides that when the amount of the fraud exceeds PHP 22,000, the penalty in that paragraph is imposed in its maximum period, adding one year for each additional PHP 10,000.
Section 1(1) sets an absolute cap: the total penalty imposed shall in no case exceed thirty years.
Section 1(1) states that, in such cases and regarding accessory penalties that may be imposed under the Revised Penal Code, the penalty shall be termed reclusion perpetua.

Section 1(2) imposes prision mayor in its maximum period when the amount of the fraud is over PHP 6,000 but does not exceed PHP 12,000.
Section 1(3) imposes prision mayor in its medium period when the amount of the fraud is over PHP 200 but does not exceed PHP 6,000.
Section 1(4) imposes prision mayor in its minimum period when the amount of the fraud does not exceed PHP 200.