Dear Atty. Angela,

I am leasing properties where I get my source of income. One of my tenants was late in his payment and handed me a check dated 5 months back.

 As I got busy, I forgot to deposit it until after the 6th month. The bank teller told me that the check got stale and I could not encash it.

I feel cheated as it is not my fault that the check was dated months earlier. Can I file a criminal case on the violation of Batas Pambansa Blg. 22 or the Anti-Bouncing Checks Law?

Pio

Dear Pio,

Unfortunately, there is no violation of BP 22 in this case. The reason for the bounced check was your failure to present the same within the six months before the check became stale.

BP 22 punishes a person for issuing a worthless check. A check is obviously worthless when, at the time it is encashed for payment, which must be within 90 days from issuance, it is dishonored by the issuing bank because of insufficient funds, or even when the account against which the check was drawn was already closed.

In the case of Pacheco v. Court of Appeals, G.R. 126670 (1999), the Supreme Court clarified that "a check must be presented within a reasonable time from issue. By current banking practice, a check becomes stale after more than six months."

Thus, when you tried to present the check beyond six months, the check was long overdue and could no longer be encashed. There is no crime committed here as the elements of BP 22 where making, drawing, or issuing a check for value and knowledge of insufficiency of funds or the account being closed had not been violated.

Atty. Angela Antonio