BP 22 Civil Implications Philippines
Batas Pambansa Bilang 22 (BP 22): An Overview
Commonly known as the Bouncing Checks Law, BP 22 criminalizes the making or issuance of a check that is dishonored upon presentment for payment. While BP 22 is inherently a criminal law, it has notable civil implications.
Nature of BP 22 Offenses
The act of issuing a bouncing check is primarily a criminal offense. However, this does not preclude the offended party from seeking civil damages, which can be pursued separately or simultaneously with the criminal action.
Right to Demand Payment
Upon the dishonor of a check, the holder may send a notice of dishonor to the issuer, demanding fulfillment of the obligation. The issuer is given five banking days from receipt of notice to make the check good. Failing to do so opens up avenues for civil and criminal actions.
The Civil Case
A civil case can be initiated to recover the amount of the check, along with any consequential damages. The civil action focuses on the monetary recovery and aims to make the offended party whole.
Different Avenues for Legal Action
The aggrieved party has the option to proceed with the civil case independently of the criminal case. The civil action is typically for the collection of a sum of money and can be filed regardless of the outcome of the criminal case.
Estoppel or Waiver
An important consideration is whether the acceptance of a partial or full payment would constitute an estoppel or waiver of the right to pursue the criminal case. As a rule, the acceptance of partial payment after the issuance of a bouncing check will not erase criminal liability, but it could affect the civil aspect of the case.
Prescriptive Periods
The offended party must be cognizant of the prescriptive periods. A criminal action for violation of BP 22 must be filed within four years from the date of the check’s dishonor, while the civil action must be filed within ten years from the time the right of action accrues.
Conclusion
BP 22 is not merely a tool for criminal prosecution; it also offers a pathway for civil redress. Understanding the full range of legal implications is crucial for both check issuers and recipients. Therefore, navigating both the criminal and civil aspects requires a nuanced understanding of Philippine jurisprudence on the matter.