Negotiable Instruments

Dishonored Check and BP 22

Is fact that the check issued was subsequently dishonored is enough to hold the person liable for BP 22?

 

No. Under Batas Pambansa Blg. 22 (BP 22), the prosecution must prove not only that the accused issued a check that was subsequently dishonored. It must also establish that the accused was actually notified that the check was dishonored, and that he or she failed, within five banking days from receipt of the notice, to pay the holder of the check the amount due thereon or to make arrangement for its payment. Absent proof that the accused received such notice, a prosecution for violation of the Bouncing Checks Law cannot prosper. (Danao vs. CA G.R. No. 122353. June 6, 2001)


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