BP 22 Estafa: Penalties for Bouncing Checks

Penalty for Issuance of Bouncing Check under BP 22

• Imprisonment of 30 days to 1 year and/or fine of not less than the amount of the check, but not more than double the amount, which shall not exceed Php 200,000.00
• The penalty is not removed, but the courts should reserve imposing imprisonment as a penalty for serious cases
• When the violation of BP 22 negatively affects the social order

Imprisonment Periods

• Prision Correccional in its maximum period to prison mayor in its minimum period, if the amount is between Php 12,000.00 and Php 22,000.00
• If the amount exceeds Php 22,000.00, the penalty shall be in its maximum period, adding one year for each additional Php 10,000.00
• Shall not exceed 20 years

Purpose of the Law

• The law is not intended to coerce a debtor to pay his debt, but to prohibit the making of worthless checks and putting them in circulation
• The law punishes the act not as an offense against property, but as an offense against public order

Additional Consequences

• Disqualification to run for public office for a certain period of time after conviction
• Violation of BP 22 is considered a crime involving moral turpitude, similar to embezzlement, forgery, robbery, and swindling

Issuance of a Check

• Completion of the check to make it available for use of the drawer and eventually for other people for the intended transaction or activity

Causes of Dishonoring a Check

• Account is closed
• No account at all
• Drawn against insufficient funds