Dear Attorney,

I was issued a check that was dishonored upon deposit. However, the check was made payable to "Cash" instead of my name. Can I still file a complaint under Batas Pambansa Blg. 22 (BP 22) despite this? I would appreciate your guidance on whether I have legal grounds to proceed and what steps I should take.

Sincerely,
A Concerned Payee

Legal Analysis and Comprehensive Discussion on BP 22 and Checks Payable to "Cash"

Understanding BP 22
Batas Pambansa Blg. 22, also known as the "Bouncing Checks Law," was enacted to deter the issuance of checks without sufficient funds or credit and to ensure the reliability of checks as a form of commercial transaction. A violation of BP 22 arises when:

A person draws or issues a check knowing that it will be dishonored upon presentment; and
The check is subsequently dishonored due to insufficiency of funds, closure of the account, or any other similar reason.

The law imposes both penal and civil liability on the drawer, underscoring its dual purpose: to penalize offenders and to protect the payee's financial interests.

Checks Payable to "Cash": Legal Considerations
In the context of BP 22, the payability of the check—whether issued to a specific individual, a company, or simply to "Cash"—has legal implications. A check made out to "Cash" is considered a bearer instrument under the Negotiable Instruments Law (Act No. 2031). This means that any holder or possessor of the check is deemed the rightful payee and can demand payment. The following principles apply:

Negotiable Instruments Law (Sections 7 and 8):
- A check payable to "Cash" is payable to the bearer, meaning it does not name a specific payee. Anyone holding the check is presumed to have rightful possession and the authority to enforce it.
- This bearer quality is vital in commercial transactions, allowing checks to circulate freely.
Applicability of BP 22:
- BP 22 focuses on the act of issuing a check that is later dishonored. It does not specifically require that the check be made payable to a named individual or entity.
- The essential elements are: (1) issuance of the check, (2) knowledge of insufficient funds or a similar defect, and (3) dishonor of the check. Thus, the fact that the check is payable to "Cash" does not exempt the issuer from liability under BP 22.

Can a Complaint Be Filed?
Yes, you can file a complaint under BP 22 even if the check is made payable to "Cash." The key determinant is your status as the lawful holder of the check. Once you present the dishonored check to establish the elements of BP 22, the burden shifts to the drawer to provide evidence that no liability exists. Here are the considerations in your case:

Holder in Due Course:
As the possessor of the check payable to "Cash," you are presumed to be a holder in due course under the Negotiable Instruments Law. This presumption strengthens your claim because the check's nature allows you to demand payment upon presentment.
Proving BP 22 Violation:
To succeed in your complaint, you must demonstrate the following:
- The accused issued the check voluntarily.
- The drawer knew or had reason to believe that the account did not have sufficient funds to cover the check upon issuance.
- The check was dishonored when presented for payment, and the drawer was duly notified.
Rebutting Potential Defenses:
The drawer may argue that the check payable to "Cash" was not meant for you or that it was issued under circumstances that negate criminal intent (e.g., forgery or fraud). You will need to establish your lawful possession of the check and the absence of these defenses.

Legal and Procedural Steps

Send a Formal Demand Letter:
- Notify the drawer in writing of the dishonor, stating the reason for non-payment (e.g., insufficiency of funds).
- Give the drawer at least five banking days to make good on the payment. Non-compliance with this notice solidifies the basis for your BP 22 case.
File a Criminal Complaint:
- Prepare and file your complaint-affidavit with the Office of the City Prosecutor where the check was issued or where the drawer resides. Attach the following:
  - Original dishonored check (marked by the bank).
  - Bank certifications (e.g., certificate of dishonor).
  - Proof of demand and notice.
Participate in the Prosecutorial Process:
- Once filed, the prosecutor will conduct a preliminary investigation to determine probable cause. If found sufficient, an information will be filed in court.

Judicial Perspectives on BP 22 and Checks Payable to "Cash"
Philippine jurisprudence has consistently upheld that BP 22 applies regardless of the check's payability format:

Cases Upholding Holder Rights:
The Supreme Court has reiterated that the law does not distinguish between checks payable to a named payee and those payable to "Cash." The crucial element is that the check, once dishonored, causes harm to the holder.
Bearer Instruments and Good Faith:
Courts have clarified that checks payable to "Cash" impose no greater burden on the payee to prove entitlement, provided possession is lawful. The presumption of good faith favors the bearer unless rebutted.
Public Policy Considerations:
The broad scope of BP 22 reflects its public policy objective to preserve the integrity of checks. Thus, a drawer cannot escape liability merely by issuing checks payable to "Cash."

Practical Challenges and Resolutions
While your case appears viable, you may face potential challenges:

Proof of Delivery: Establishing that you are the lawful bearer of the check is critical. Retain records of the transaction leading to your receipt of the check.
Intent to Defraud: If the drawer argues lack of intent to defraud (e.g., the check was stolen or issued in error), the burden of proof shifts to them.

Conclusion
You have a valid cause of action under BP 22 despite the check being payable to "Cash." As long as you can demonstrate your lawful possession, presentment, and the dishonor of the check, the law and prevailing jurisprudence are on your side. Pursue the remedies outlined above and consult a lawyer to assist with the procedural nuances.

If you need further clarification or assistance with filing your complaint, feel free to reach out for legal support.