What is considered a bouncing (dishonored) check under B.P. 22?

A check that is refused payment by the drawee bank because the drawer lacks sufficient funds or credit, and the refusal is communicated in writing or stamped on the check.

What penalties can I face for issuing a check without sufficient funds?

You may be sentenced to imprisonment of 30 days to 1 year, fined an amount not less than the check and not more than double its value (capped at ₱200,000), or both, at the court’s discretion.

Does the law apply to corporations and their officers?

Yes. When a corporation issues a check, the person(s) who actually sign the check on its behalf are personally liable under the Act.

How does the law prove that I knew the check would bounce?

If the check is presented within 90 days and is refused for insufficient funds, that refusal is prima facie evidence of your knowledge, unless you pay the holder or arrange full payment within five banking days after receiving notice.

What must the bank do when it refuses to pay a check?

The bank must write, print, or stamp in plain language the reason for dishonor (e.g., insufficient funds) on the check itself or on an attached notice.

If I stop payment on a check, does that protect me from liability?

Ordering a stop payment without a valid reason does not exempt you from liability; the same penalty applies as if the check were dishonored for insufficient funds.

How long after issuance must a check be presented for the 90‑day rule to apply?

The check must be presented to the drawee bank within ninety (90) days from the date printed on the check.

Can I be charged under both B.P. 22 and the Revised Penal Code?

Yes. Prosecution under B.P. 22 does not prevent additional liability under any provision of the Revised Penal Code.

BP 22 - Bouncing Checks Law (1979)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

B.P. 22 criminalizes issuing a check when the drawer knows there are insufficient funds or credit, or when funds become insufficient within 90 days of issuance. Penalties include imprisonment, a fine up to double the check amount (capped at ₱200,000), or both, and the law sets evidentiary rules for the drawee bank and corporate signatories.

Who it affects: Anyone who issues a check—individuals, corporations, or other entities—can be prosecuted under this law.

Key provisions

Offense of issuing a check without funds. If a person issues a check knowing they lack sufficient funds or credit, and the check is later dishonored for that reason, they commit a crime. [Sec. 1]
Offense when funds become insufficient after issuance. A person who had enough funds when the check was written but fails to keep enough to cover it within 90 days, causing dishonor, is also liable. [Sec. 1]
Corporate liability. When a corporation issues a check, the individual(s) who actually sign the check on its behalf are personally liable under the Act. [Sec. 1]
Penalty range. The penalty is imprisonment of 30 days to 1 year, a fine of at least the amount of the check up to double its value (but never more than ₱200,000), or both, at the court's discretion. [Sec. 1]
Evidence of knowledge of insufficient funds. If a check is presented within 90 days and is refused for insufficient funds, that refusal is prima facie evidence that the drawer knew of the insufficiency, unless the drawer pays the holder or arranges full payment within five banking days after notice. [Sec. 2]
Drawee bank’s duty to state reason for dishonor. When refusing payment, the bank must clearly write, print, or stamp the reason (e.g., insufficient funds) on the check or on a notice attached to it. [Sec. 3]
Drawee’s notice as evidence. A dishonored check bearing the bank’s stamped or written reason serves as prima facie evidence of the check’s issuance, presentment, and proper dishonor. [Sec. 3]
Definition of credit. In this law, “credit” means any arrangement or understanding with the bank that allows the check to be paid. [Sec. 4]
No prejudice to Revised Penal Code. Being prosecuted under B.P. 22 does not affect any separate liability under the Revised Penal Code. [Sec. 5]
Effectivity. The law became effective fifteen days after its publication in the Official Gazette. [Sec. 7]

Common questions

What is considered a bouncing (dishonored) check under B.P. 22?: A check that is refused payment by the drawee bank because the drawer lacks sufficient funds or credit, and the refusal is communicated in writing or stamped on the check. [Sec. 1, Sec. 3]
What penalties can I face for issuing a check without sufficient funds?: You may be sentenced to imprisonment of 30 days to 1 year, fined an amount not less than the check and not more than double its value (capped at ₱200,000), or both, at the court’s discretion. [Sec. 1]
Does the law apply to corporations and their officers?: Yes. When a corporation issues a check, the person(s) who actually sign the check on its behalf are personally liable under the Act. [Sec. 1]
How does the law prove that I knew the check would bounce?: If the check is presented within 90 days and is refused for insufficient funds, that refusal is prima facie evidence of your knowledge, unless you pay the holder or arrange full payment within five banking days after receiving notice. [Sec. 2]
What must the bank do when it refuses to pay a check?: The bank must write, print, or stamp in plain language the reason for dishonor (e.g., insufficient funds) on the check itself or on an attached notice. [Sec. 3]
If I stop payment on a check, does that protect me from liability?: Ordering a stop payment without a valid reason does not exempt you from liability; the same penalty applies as if the check were dishonored for insufficient funds. [Sec. 1]
How long after issuance must a check be presented for the 90‑day rule to apply?: The check must be presented to the drawee bank within ninety (90) days from the date printed on the check. [Sec. 1]
Can I be charged under both B.P. 22 and the Revised Penal Code?: Yes. Prosecution under B.P. 22 does not prevent additional liability under any provision of the Revised Penal Code. [Sec. 5]

BATAS PAMBANSA BLG. 22

AN 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.

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.

Section 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.

Section 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.

Not with standing 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.

Section 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.

Section 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.

Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the remaining provisions shall continue to be in force.

Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.1âwphi1

Approved: April 3, 1979.