Bouncing checks

Dear Atty. Joji,

I lent P2,500,000 to a friend and colleague, who issued 12 post-dated checks as payment. According to him, we will use the money to cover bills and start up his own business. However, upon maturity, all the checks were dishonored for being drawn against a closed account. Despite a demand letter, my co-worker failed to pay. I plan to file a case for violating B.P. 22 (Bouncing Checks Law). Where can I file the complaint?

Ismael

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Dear Ismael,

Batas Pambansa (BP) Blg. 22, also known as “An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds or Credit and For Other Purposes,” punishes the acts of making and issuing a check with knowledge by the issuer that at the time the check is issued, he does not have sufficient funds, and the failure to keep sufficient funds to cover the full amount of the check if presented within a period of 90 days from the date appearing on the check.

BP 22 serves to uphold the credibility of checks as a reliable mode of payment and to deter individuals from using them fraudulently. Under the law, the act of issuing a bouncing check is considered a criminal offense, regardless of the intent to defraud.

To answer your query, in the case of Morillo v. People, the Supreme Court ruled:

“It is well-settled that violations of B.P. [Blg.] 22 cases are categorized as transitory or continuing crimes, meaning that some acts material and essential thereto and requisite in their consummation occur in one municipality or territory, while some occur in another. In such cases, the court wherein any of the crime’s essential and material acts have been committed maintains jurisdiction to try the case; it being understood that the first court taking cognizance of the same excludes the other. Thus, a person charged with a continuing or transitory crime may be validly tried in any municipality or territory where the offense was in part committed.”

From the foregoing, it can be derived that a case for an alleged violation of BP 22, otherwise known as the Bouncing Checks Law, may be filed before the court with territorial jurisdiction over any of the places where one of the elements of the crime occurred — in particular, the place where the check is drawn, issued, delivered, dishonored or deposited. Be that as it may, it must be noted that the first court taking cognizance of the same excludes the other.

Hope this helps.

Atty. Joji Alonso