Batas Pambansa Bilang 22 (BP 22), popularly known as the Bouncing Checks Law, was enacted to maintain the integrity of the Philippine banking system and ensure the reliability of checks as a substitute for money. Filing a criminal case under this law involves specific legal requirements, timelines, and procedures.
1. What Constitutes a Violation of BP 22?
A person is liable under BP 22 if they commit either of the following acts:
- Making or drawing a check to apply on account or for value, knowing at the time of issue that there are insufficient funds or credit with the drawee bank for the payment of the check in full upon presentment.
- Having sufficient funds in the bank but failing to keep enough to cover the check if presented within 90 days from the date on the check, resulting in the check being dishonored.
The "90-Day Rule"
While a check remains valid for six months (stale-dated after 180 days), BP 22 specifically mentions a 90-day period. If the check is presented within 90 days of its date and is dishonored, a presumption of knowledge of insufficiency of funds arises against the issuer.
2. Essential Elements for Prosecution
To secure a conviction, the prosecution must prove three elements beyond reasonable doubt:
- The making, drawing, and issuance of any check to apply for account or for value.
- The knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank.
- The subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit, or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.
3. The Requirement of a Notice of Dishonor
The most critical step before filing a criminal case is the written Notice of Dishonor.
The law requires that the issuer be notified in writing that the check was bounced. This notice gives the issuer five (5) banking days from receipt to pay the holder the amount due or make arrangements for payment.
Crucial Note: Without proof that the issuer actually received a written Notice of Dishonor (usually via registered mail or personal service), the "presumption of knowledge" cannot be established, and the criminal case will likely fail.
4. Procedure for Filing the Case
Step 1: Demand Letter
Upon the check’s dishonor, send a formal demand letter (Notice of Dishonor) via registered mail with a return card. Keep the registry receipt and the return card as evidence.
Step 2: Filing the Complaint-Affidavit
If the issuer fails to pay within five banking days of receiving the notice, you may file a Complaint-Affidavit for Violation of BP 22.
- Where to file: Generally, the case is filed with the Office of the City or Provincial Prosecutor of the place where the check was issued, signed, or dishonored (it is a "transitory" or continuing crime).
- Attachments: The original check, the return slip from the bank (indicating the reason for dishonor), the demand letter, and the registry return card.
Step 3: Preliminary Investigation
The Prosecutor will determine if there is probable cause. If found, an "Information" will be filed in court. Under Supreme Court Circulars, BP 22 cases fall under the Rules on Summary Procedure, meaning the trial is intended to be expedited.
5. Penalties
Under the law, the penalty for violation of BP 22 is:
- Imprisonment of not less than 30 days but not more than one (1) year; OR
- A fine of not less than, but not more than double, the amount of the check (but not to exceed P200,000); OR
- Both fine and imprisonment at the discretion of the court.
Supreme Court Administrative Circular No. 12-2000: It is important to note that the Supreme Court has expressed a preference for imposing fines rather than imprisonment for BP 22 cases, provided the issuer is not a recidivist and did not act in bad faith. However, the civil liability (the amount of the check plus interest) remains mandatory.
6. BP 22 vs. Estafa (Article 315 of the Revised Penal Code)
A common point of confusion is whether to file for BP 22 or Estafa.
| Feature | BP 22 | Estafa (RPC) |
|---|---|---|
| Nature | Malum Prohibitum (The act itself is the crime). | Malum in Se (Deceit/Fraud is the crime). |
| Purpose | To punish the act of issuing a worthless check. | To punish the fraud used to obtain money. |
| Notice Requirement | Mandatory 5-day written notice. | Not strictly required, but often used to prove deceit. |
| Pre-existing Debt | Applies even if the check is for an old debt. | Generally does not apply to old debts (unless new credit was obtained). |
7. Prescription Period
A criminal action for Violation of BP 22 prescribes in four (4) years from the time of the discovery of the violation (usually from the lapse of the 5-day grace period following the receipt of the Notice of Dishonor). Failure to file within this window results in the loss of the right to prosecute the criminal aspect of the case.