THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First R e p  lar Session 
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SENATE 
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S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
The Constitution provides “No person shall be imprisoned for debt.. .‘I (Section 20, 
Article 111). This constitutional provision is included in tire Bill of Rights, which is 
enjoyed by persons under the jurisdiction of the Philippines. Stated in full, this means 
that no person may be imprisoned for debt in virtue of an order in a civil proceeding, 
either as a substitute for satisfaction of a debt or as a means of compelling 
satisfaction. 
This bill seeks to de-criminalize the crime of bouncing check under Batas Pambansa 
Big. 22 in order to conform to the constitutional provision. There is also a need to 
de-clog the burdened dockets of the court, which comprise a large number of B.P. 22 
cases. The Supreme Court also made previous rulings to remove imprisonment as a 
penalty to B.P. 22 offenders and impose a fine double the amount or a maximum of 
Php 200,000 in lieu of prison terms. According to Justice Vicente V. Mendoza, ”it 
would serve the ends of justice if in fiing the penalty, we consider preventing 
unnecessary deprivation of personal liberty and economic usefulness with due regard 
to the protection of social order. Indeed, the penal provisions of the law work injustice 
against offenders who clearly indicate good faith or a clear mistake of fact without 
taint of negligence. 
The legislative department, being the body vested with the power to make laws that fix 
the penalty of a crime, has the power and responsibility to reduce or abolish the 
penalty prescribed under B.P. No. 22 to adopt to the changing circumstances. 
The prompt and immediate passage of this bill deserves utmost attention. 
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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
INTRODUCED BY HON. MANUEL B. VILLAR, JI?. 
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AN ACT AMENDING BATAS PAMBANSA BLG. 22 DE-CRIMINALIZING THE 
MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT 
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES 
Be it enacted by the Senate and house of Representatives of the Philippines in Congress 
assembled:: 
SECTION 1. Section 1 of Batas Pambansa Blg. 22 is hereby amended to read as 
follows: 
Section 1. Checks without sufficient finds. - 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 leave 
been dishonored for the same reason had not the drawer, without any valid reason, 
ordered the bank to stop payment, shall [punished by imprisonment of not less 
than thirty days but not more than one (1) year or- by a fine] BE LIABLE TO PAY 
THE AMOUNT 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] PLUS LEGAL INTERESTS. The same 
[penalty] LIABILITY shall be [imposed upon] INCURRED BY 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. Section 3 of the same Act is hereby amended to read as follows: 
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 or credit with such drawee bank, such fact shall 
always be explicitly stated in ALL [PROSECUTION] CLAIMS OF THE OFFENDED 
PARTY 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 attached therefore 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 fiends in or credit with such bank for the payment 
in full of such check, if such be the fact. 


SEC. 3. Section 5 of the same Act is hereby amended as follows: 
Sec. 5. Liability under the Revised Penal Code. - [Prosecution] CLAIMS MADE 
FOR LIABILITIES INCURRED BY THE OFFENDING PARTY under this Act 
shall be without prejudice to THE PROSECUTION OF any liability for violation 
of any provision of the Revised Penal Code. 
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SEC. 4. Repealing Clause.-- All laws, decrees, executive orders, rules, and 
issuances inconsistent with this Act are hereby repealed, amended or modified 
accordingly. 
SEC. 5. Separability Clause. If any portion or provision of this Act is declared 
unconstitutional or invalid, the other portions or provisions hereof which are not 
affected thereby shall continue in full force and effect. 
SEC. 6. Effectivity Clause. This Act shall take effect fifteen days following its 
publications in the Official Gazette or in any two newspapers of general circulation. 
Approved,