10 Questions
What is the minimum imprisonment period for violating BP 22?
30 days
What is the maximum fine that can be imposed for violating BP 22?
Php 200,000.00
What is the purpose of the law punishing the issuance of bouncing checks?
To maintain public order and prevent the circulation of worthless checks
What is the effect of a final judgment of conviction for violating BP 22?
Disqualification to run for public office for a certain period of time
What is the penalty if the amount of the check exceeds Php 12,000.00 but does not exceed Php 22,000.00?
Prision Correccional in its minimum period
What is the basis for punishing the issuance of bouncing checks?
As an offense against public order
What is the maximum imprisonment period for violating BP 22?
20 years
What is the effect on the penalty for each additional Php 10,000.00 exceeding the initial amount?
Add 1 year to the penalty
What is the purpose of the law punishing the issuance of bouncing checks, according to the court in Lozano v. Martinez?
To prohibit the making of worthless checks and putting them in circulation
What is the penalty if the amount of the check does not exceed Php 12,000.00?
Prision Correccional in its minimum period
Study Notes
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
This quiz covers the penalties and imprisonment rules for violating BP 22 Estafa, specifically regarding bouncing checks in the Philippines.
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