Checks are commonly used in business. Some people, however, still have this misplaced confidence in the deterrent effect of Batas Pambansa (B.P.) Blg. 22, also known as the Bouncing Checks Law. While it’s important to observe certain reminders to prevent check fraud, here are some things a layman should know:
1. The issuer is not automatically liable simply because the check “bounced”. A check (or “checque”) generally “bounces” when dishonored upon presentment (reasons include, account closed, drawn against insufficient funds or DAIF). However, it is indispensable that the issuer must be notified in WRITING about the fact of dishonor, and he has 5 days from receipt to pay the value of the check or make arrangements for the payment thereof. This requirement, however, had been relaxed in a case.
2. Filing fees are generally not required for criminal cases. For B.P. 22 cases, however, the complainant is required to pay the filing fees (based on the value of the check/s and the damages claimed, just like in civil cases) upon filing of the case in court.
3. No warrant of arrest is issued unless the accused fails to appear when required by the court. One major deterrent against bouncing checks is the threat of a warrant of arrest being issued once the criminal case is filed in court. This is no longer true.
4. The court can’t issue a hold-departure order (HDO), even if a criminal case under B.P. 22 is filed. All violations of the Bouncing Checks Law, regardless of the amount involved, are filed only with the municipal/metropolitan trial courts. These courts cannot issue an HDO.
5. Courts have the discretion of imposing: (a) imprisonment only; (b) fine only; OR (c) both. It is entirely possible that only a fine, without imprisonment, is imposed.
This is just the tip of the iceberg, so to speak. We shall deal with other issues on checks and BP 22 in the days to come.
Loading ...
atty. nag issue po ako ng checks, an it so happened na nasunog ung house namin which is ung ground flr is the our warehouse of the business, because of ths accident, i decided to close my account and i had inform the suppliers not to deposit the checks. Considering the situation other suppliers understood the fortituous event happended, that’s why they give us time to pay for our obligation. However, one of the suppplier deposited the checks issued to her. Am i guilty of estafa?
Just a query.
My friend have left a personal loan unpaid for the past 6 months now.He has left UAE. He issued a post dated checques as well a blank checque as well as security.He had done it as it was the requirement before a personal loan can be granted.Am sure that by now, these checques bounced.Can the bank file a criminal case(it is considered criminal case in UAE),in our country based on BP 22?
Thanks for any input.
atty. nag issue po ako ng checks, an it so happened na nasunog ung house namin which is ung ground flr is the our warehouse of the business, because of ths accident, i decided to close my account and i had inform the suppliers not to deposit the checks. Considering the situation other suppliers understood the fortituous event happended, that’s why they give us time to pay for our obligation. However, one of the suppplier deposited the checks issued to her. Am i guilty of estafa?
if the person is convicted of bp22 guilty would he be able to renew/get nbi clearances? is bp22 a criminal case?
Pingback: No imprisonment in BP 22 or Bouncing Checks cases? « Blog.Pinoy-Business.com
Pingback: Insolvency and Criminal Cases « Blog.Pinoy-Business.com
Pingback: Basic Reminders to Prevent Check Fraud | Blog.Pinoy-Business.com
Pingback: Bouncing Checks (BP 22): An Extended Discussion | Blog.Pinoy-Business.com