Filing a case for a "bouncing check" in the Philippines is governed by Batas Pambansa Bilang 22 (B.P. 22), also known as the Anti-Bouncing Checks Law. While it is a criminal offense, its primary goal is to maintain the integrity of the banking system and ensure the reliability of commercial documents.
Here is a comprehensive guide on the elements, requirements, and procedures for filing a B.P. 22 case.
1. The Elements of B.P. 22
To successfully prosecute a case under B.P. 22, the following elements must be proven beyond reasonable doubt:
- Making, Drawing, and Issuance: The offender makes, draws, or issues any check to apply on account or for value.
- Knowledge of Insufficient Funds: The offender knows at the time of issue that he/she does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment.
- Dishonor: The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit (DAIF - Drawn Against Insufficient Funds) or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment (Stop Payment).
2. The Essential First Step: Notice of Dishonor
A common mistake is filing a case immediately after the bank returns the check. Under B.P. 22, a Notice of Dishonor is mandatory.
- The 90-Day Rule: The check must be presented to the bank within ninety (90) days from the date of the check.
- Written Demand: Once the check bounces, you must send a formal written Demand Letter to the issuer. This letter must inform them that the check was dishonored and demand payment of the amount due.
- The 5-Day Grace Period: The law gives the issuer five (5) banking days from the receipt of the notice to pay the amount or make arrangements for payment. If they fail to pay within this period, a prima facie presumption of knowledge of insufficient funds is established.
Crucial Note: You must have proof that the issuer actually received the letter (e.g., a Registry Return Receipt from the post office or a signed receiving copy for personal delivery). Without proof of receipt, the case will likely be dismissed.
3. Procedural Steps to File the Case
A. Filing the Complaint
If the issuer fails to pay after the 5-day grace period, you can proceed with filing a criminal complaint for violation of B.P. 22.
- Where to file: The complaint is filed with the Office of the City or Provincial Prosecutor of the place where the check was issued, signed, or dishonored.
- Documents Needed:
- Complaint-Affidavit (sworn statement of the facts).
- The original check and the Return Slip from the bank.
- Copy of the Demand Letter.
- Proof of Service and Receipt of the Demand Letter.
B. Preliminary Investigation
The Prosecutor will determine if there is probable cause. If they find merit in the complaint, they will file an "Information" (the formal charge) in court.
C. Court Proceedings
B.P. 22 cases fall under the Rules on Summary Procedure. This means the process is intended to be faster than regular criminal trials.
- The case is usually filed in the Metropolitan Trial Court (MeTC) or Municipal Trial Court (MTC).
- The court will require the accused to submit a Counter-Affidavit.
- If the court finds the accused guilty, they will face penalties.
4. Penalties under B.P. 22
The law provides for the following penalties:
- Imprisonment: Not less than 30 days but not more than one (1) year; OR
- Fine: A fine of not less than, but not more than double, the amount of the check (but not to exceed ₱200,000); OR
- Both: In some cases, both a fine and imprisonment are imposed.
Note on Circular No. 12-2000: The Philippine Supreme Court has expressed a preference for imposing a fine rather than imprisonment for B.P. 22, provided the issuer is not a "recidivist" or did not act in bad faith. However, the civil liability (the amount of the check plus interest) must still be paid.
5. B.P. 22 vs. Estafa
It is important to distinguish B.P. 22 from Estafa (Article 315 of the Revised Penal Code).
| Feature | B.P. 22 | Estafa (Swindling) |
|---|---|---|
| Nature | Crime against public interest (the check itself). | Crime against property (deceit/fraud). |
| Deceit | Deceit is not required; the act of issuing a bouncing check is enough. | Deceit or fraud must be proven at the time of issuance. |
| Pre-existing Debt | Applies even if the check was issued for an old debt. | Does not apply if the check was issued for a pre-existing debt. |
6. Small Claims Alternative
If your primary goal is only to recover the money (and not to put the person in jail), and the amount is ₱1,000,000.00 or less, you may file a Small Claims case. This is a purely civil action, involves no lawyers, and is much faster than a criminal case.
Would you like me to draft a template for a formal Notice of Dishonor/Demand Letter for a B.P. 22 case?