BATAS
PAMBANSA BLG. 22AN
ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT
FUNDS OR
CREDIT AND FOR OTHER PURPOSES.
Section 1.
Checks without sufficient funds. - Any person who makes or draws
and issues any check to apply on account or for value, knowing at the
time
of issue that he does not have sufficient funds in or credit with the
drawee
bank for the payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for insufficiency
of
funds or credit or would have been dishonored for the same reason had
not
the drawer, without any valid reason, ordered the bank to stop payment,
shall be punished by imprisonment of not less than thirty days but not
more than one (1) year or by a fine of not less than but not more than
double the amount of the check which fine shall in no case exceed Two
Hundred
Thousand Pesos, or both such fine and imprisonment at the discretion of
the court.chan robles virtual law library red
The same
penalty
shall be imposed upon any person who, having sufficient funds in or
credit
with the drawee bank when he makes or draws and issues a check, shall
fail
to keep sufficient funds or to maintain a credit to cover the full
amount
of the check if presented within a period of ninety (90) days from the
date appearing thereon, for which reason it is dishonored by the drawee
bank.
Where the check
is drawn by a corporation, company or entity, the person or persons who
actually signed the check in behalf of such drawer shall be liable
under
this Act.
Sec. 2. Evidence
of knowledge of insufficient funds. - The making, drawing and
issuance
of a check payment of which is refused by the drawee because of
insufficient
funds in or credit with such bank, when presented within ninety (90)
days
from the date of the check, shall be prima facie evidence of knowledge
of such insufficiency of funds or credit unless such maker or drawer
pays
the holder thereof the amount due thereon, or makes arrangements for
payment
in full by the drawee of such check within (5) banking days after
receiving
notice that such check has not been paid by the drawee.
Sec. 3. Duty
of drawee; rules of evidence. - It shall be the duty of the drawee
of any check, when refusing to pay the same to the holder thereof upon
presentment, to cause to be written, printed, or stamped in plain
language
thereon, or attached thereto, the reason for drawee's dishonor or
refusal
to pay the same: Provided, That where there are no sufficient
funds
in or credit with such drawee bank, such fact shall always be
explicitly
stated in the notice of dishonor or refusal. In all prosecutions
under this Act, the introduction in evidence of any unpaid and
dishonored
check, having the drawee's refusal to pay stamped or written thereon or
attached thereto, with the reason therefor as aforesaid, shall be prima
facie evidence of the making or issuance of said check, and the due
presentment
to the drawee for payment and the dishonor thereof, and that the same
was
properly dishonored for the reason written, stamped or attached by the
drawee on such dishonored check.
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 such bank for the
payment in full of such check, if such be the fact.
Sec. 4. Credit
construed. - The word "credit" as used herein shall be
construed
to mean an arrangement or understanding with the bank for the payment
of
such check.
Sec. 5. Liability
under the Revised Penal Code. - Prosecution under this Act shall be
without prejudice to any liability for violation of any provision of
the
Revised
Penal Code.
Sec. 6. Separability
clause. - If any separable provision of this Act be declared
unconstitutional,
the remaining provisions shall continue to be in force.
Sec. 7. Effectivity.
- This Act shall take effect fifteen days after publication in the
Official
Gazette.
Approved:
April 3, 1979. |