Related Literature:

1. Before Enactment of B.P 22

2. Reason for the enactment of BP. 22

Batas Pambansa Blg. 22 was purposely enacted to prevent the
proliferation of worthless checks in the mainstream of daily business
and to avert not only the undermining the Banking System of the
country, but also the infliction of damage and injury upon trade
and commerce occasioned by the indiscriminate issuance of such
checks. By its very nature, the offenses defined BP 22 are against
public interest while the crime of Estafa is against property.
CASE: SANTIAGO IBASCO v. PEOPLE OF THE PHILIPPINES
G.R. No. 117488. September 5, 1996

3. LINA LIM LAO vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES.
G.R. No. 119178. June 20, 1997

4. VICTOR TING SENG DEE and EMILY CHAN-AZAJAR vs. COURT OF APPEALS
and PEOPLE OF THE PHILIPPINES
G.R. No. 140665. November 13, 2000

5. MIRIAM ARMI JAO YU vs. PEOPLE OF THE PHILIPPINES

G.R. No. 134172. September 20, 2004

4. SUSAN GO and the PEOPLE OF THE PHILIPPINES, petitioners, vs. FERNANDO

L. DIMAGIBA
G.R. No. 151876. June 21, 2005

5. SONIA P. RUIZ v. PEOPLE OF THE PHILIPPINES

G.R. No. 160893. November 18, 2005

6. JULIE S. SUMBILLA v. MATRIX FINANCE CORPORATION

G.R. No. 197582. June 29, 2015

7. From: http://www.ckfraud.org/penalties.html
National Check Fraud Center
 Bad Check Laws by States

Bad checks, also known as NSF checks, bounced checks, rubber checks,
insufficient checks, bogus checks, etc., can be a big problem for an individual
or for any size company. There are both civil and criminal penalties for this
unlawful act, although it is much more costly and difficult to prove a criminal
case. Always consider your goal: to recover the money or punish the check
writer?

Civil Penalties by State.

Criminal Penalties by State.

Payments for COD or preexisting debt:

In most cases, NSF checks are not considered under the bad check law if they
are used to pay an antecedent debt. Therefore, if a debtor gives a debtor an
NSF check to pay a note payment or to pay an invoice that is on account, the
act generally does not fall within the bad check law. However, if the debtor
provides a creditor with a NSF check for a COD order, then that act does fall
within the bad check laws.

Postdated Checks:

Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank
and payable on demand." A postdated check, since it is not payable on
demand, does not satisfy this demand. Consequently, it has generally been held
by most states that the giving of a post-dated check does not constitute a
present fraud nor is it within the scope of the bad check laws.

Who is the guilty party?

The guilty party of a fraudulent check is usually the person who signed the
check, but it could also be the person who fraudulently passed it on, or even a
third party who endorsed and passed the check on to another.

Civil Penalties by States

The following information may be out of date when you read this. Check with
your state statutes for current law.

Alabama. Greater of $10 or actual bank charges.

Alaska. The bidder may recover damages in an amount equal to $100 or treble
the amount, whichever is greater, except that damages recovered under bad
check law may not exceed the amount of the check by more than $1000.
Arizona. Twice the amount of the check or $50, whichever is greater, costs of
suit, reasonable attorneys' fees.
Arkansas. Amount due, service charge not to exceed $10. On stop payment, 15
days following written demand to drawer's last known address, holder may
collect fee not to exceed $15; failure to make restitution and pay collection fee
will result in liability of twice the amount of check but in no event less than $50.
California. Amount due, damages of treble the amount so owing, but in no case
less than $100 or more than $1, 500. [Civil Code 1719(a)(2) ]
Colorado. Treble the amount of such check and in no case less than $100,
including reasonable fees.
Connecticut. Amount of check plus lessor of: if no bank account - $750 or
amount of check; or if insufficient funds - $400 or amount of check. Statutory
form of notice must be sent at least two times. Statute does not apply to certain
consumer services.
Delaware. Amount due, costs of suit, protest fees.
District of Columbia. Amount due, protest fees.
Florida. In event of failure to make payment within 30 days after demand, treble
amount owed in addition to the amount owed together with bank and court
costs and reasonable attorneys' fees, not less than $50 and no more than $2,500.
If payment is made in 30 days, a service charge of $10 or 5% of face amount of
check, whichever is greater, can be added. In stop payment action,
reimbursement for actual travel expenses to holder or agent for filing papers,
and for traveling and providing witnesses to an from proceeding.
Georgia. Upon 30 days following certified written demand by payee to maker,
the maker shall be liable to the payee for damages of double the amount
owing on the check not to exceed $500 and service charge not to exceed $15.
Hawaii. Amount due, costs of suit, protest fees.
Idaho. $100 or treble the amount of the check, whichever is greater, but not
more than $500 greater than the amount of the check.
Illinois. Treble amount of check but not less than $100 nor more than $500 plus
attorney's fees and court costs.
Indiana. Treble amount of check not to exceed $500 plus amount of check,
attorneys' fees of not less than $100 and interest at 18% per annum.
Iowa. Treble amount of dishonored check but not to exceed amount of check
plus $500.
Kansas. Giver of worthless check is liable for the amount of the check plus an
amount equal to the greater of the following: (a) treble the amount of the
check, but not exceeding the amount of the check by more than $500; or (b)
$100.
Louisiana. Drawer of dishonored check who fails to pay 30 days after written
demand delivered by certified or registered mail is liable for damages in twice
the amount owing but not less than $100 plus attorneys's fees and court costs.
Payee may charge service charge not to exceed $15 or 5% of the face amount
of the check, whichever is greater. District Attorney can collect fees for issuance
of worthless check, depending on amount of check.
Maine. Amount due, court costs, service costs, collection costs, processing
charges can be recovered only if statutory notice given, or payment within 10
days of notice.
Maryland. Amount due, $15 fee, and amount up to two times the amount of the
check, but not more than $1,000. Holder may claim damages 30 days after
mailing notice of dishonor to last known address of maker or drawer.
Massachusetts. Amount due, costs of suit, protest fees.
Minnesota. Amount due, $100 penalty, interest (at judgment rate), reasonable
attorneys' fees if amount of check over $1,250, $15 service charge.
Mississippi. Amount due plus additional damages of 100% on checks up to
$25,000, 50% (not to exceed $50 or fall below $25) on checks on $25 to $200,
and 25% on checks over $200.
Missouri. Greater of treble face amount owed or $100. Damages should not
exceed $500.
Montana. Service charge plus the greater of $100.00, or three times the amount
of the check, but not to exceeed the value of the check by more than $500.00.
(MCA 27-1-717.)
Nebraska. Amount due, costs, protest fees.
Nevada. Amount due, protest fees treble amount of check but not less than
$100 nor more than $500.
New Hampshire. Amount due, interest, court costs, reasonable costs of
collection, and $10 per day (maximum is $50). If check issued to city or town,
amount due, $15 fee plus protest, bank, and legal fees; if issued to state
agency, amount due, $5 fee plus protest and bank fees.
New Jersey. Face amount of the check, attorney fees, court costs, costs of
mailing a demand for payment, and damages in an amount equal to $100.00
or triple the amount of the check, whichever is greater, but not to exceed
$500.00.
New Mexico. Amount due, costs of suit, protest fees.
New York. Face value of check, plus two times amount of check up to $750.
North Carolina. Thirty days after written demand, lesser of $500 or treble amount
owing on check, but not less than $100.
North Dakota. Amount due, collection fees not to exceed $10, and $100 or
treble amount of check, whichever is less.
Ohio. The greater of $200 or three times the amount of check and attorney fees
(no maximum).
Oregon. When maker fails to tender amount due after written demand made by
payee, payee may recover damages in an amount equal to $100 or treble
amount of the amount for which the check, draft or order is drawn, whichever is
greater, provided the amount is not greater than $500 over the due amount.
Pennsylvania. Upon written demand from payee following conviction for
passing a bad check and failure to make restitution, the payee upon obtaining
civil judgment is entitled to an amount equal to $100 or treble the amount for
which the check is drawn, whichever is greater, not to exceed by more than
$500 the value of the check.
Rhode Island. Amount of check plus fee of $25, plus amount up to treble
amount of check but not less than $200 or more than $1,000.
South Carolina. In addition to other fines, issuer shall pay all reasonable court
costs, not to exceed $20 and if payment not made within 30 days, issuer shall
pay amount of check and damages, of the lesser of $500 or treble the amount
of the check.
Tennessee. Treble amount of check, but not to exceed $500.
Utah. Amount due, interest and costs of collection, court costs, reasonable
attorneys' fees.
Vermont. Court costs, amount of check, attorneys' fees, damage in amount of
$50.
Virginia. Lesser of $100 or three times amount of check.
Washington. Lesser of amount of check or interest at 12%, and cost of collection
not to exceed $40. If court action necessary after 15 days, lesser of reasonable
attorneys' fees and treble face of check or $100.
West Virginia. Amount due, service charge not to exceed $10.
Wisconsin. amount of check plus actual damages and exemplary damages not
to exceed treble face amount of check.
Wyoming. Amount due as well as damages equal to the cost of collection plus
reasonable attorneys' fees.
top of page

Criminal Penalties by States

The following information may be out of date when you read this. Check state
statutes for current laws.

Alabama. Check of $500 or more, fine of not less than $500 nor more than $5000
or imprisonment up to 3 years, or both; under $500 check, fine depends on
amount and offense. Court shall also order restitution to plaintiff; defendant shall
pay court costs if convicted.
Alaska. Issuing check for $25,000 or more, maximum fine of $50,000,
imprisonment up to 10 years, or both, Issuing check for $500 or more, up to
$25,000, maximum fine of $50,000, imprisonment up to 5 years, or both. Issuing
check for $50 or more, up to $500, maximum of $5000, imprisonment up to one
year, or both. Issuing check under $50, maximum fine of $1000, imprisonment up
to 90 days, or both.
Arizona. Up to six months in jail or up to $300 or both if under $25; up to five years
in state prison or up to one year in county jail or up to $500 fine or both if
between $25 and $100; up to five years in state prison if over $100 or if no
account.
Arkansas. Checks of $200 or less for 1st conviction fine of not less than $50 nor
more than $500 or imprisonment up to 30 days or both; 2nd offense fine of not
less than $100 nor more than $1000 or imprisonment up to 90 days or both; 3rd
and subsequent offenses fine of not less than $200 nor more than $2000 or
imprisonment up to one year or both.
When more than one check is involved and such checks were drawn within 90
days of each other and each is an amount less than $200, the amount of such
separate checks may be added together to arrive at and be punishable under
the $200 or more amount to which this category refers.

Checks for $500 involve a fine not exceeding $10,000 or imprisonment up to 10

years or both.
California. Where amount is less than $200 and is first offense, up to one year in
county jail.
Colorado. Misdemeanor - imprisonment in county jail for not less than three
months nor more than 12 months or by fine of not less than $250 nor more than
$1,000 or both.
Felony - imprisonment in state penitentiary for not less than one year nor more
than 5 years or by fine of not less than $1,000 nor more than $15,000 or both. If
twice previously convicted, punishment is imprisonment in state penitentiary for
not less than one year and not more than 10 years or fine of not less than $2,000
nor more than $30,000 or both.

Connecticut. Up to $1,000 fine or one year in jail or both.

Delaware. Misdemeanor - up to 2 years in jail, $1,000 fine, or both. Person who
issued check must make restitution to person to whom check was issued. Felony
- up to seven years and such fine as court may order.
District of Columbia. Up to three years imprisonment and $3,000 fine or both.
Florida. Felony - up to 5 years in prison or $1,000 fine. Misdemeanor - up to $300
or six months in jail.
Georgia. Check for less than $100, fine of not more than $500 or imprisonment
not to exceed 12 months or both. check for $100 or more but less than $300, fine
of not more than $1,000 or imprisonment not to exceed 12 months or both. Upon
conviction defendant required to make restitution of the amount of the check
together with all costs, which are presumed to be $20.
When more than one check is involved and such checks were drawn within 90
days of one another and each is in an amount less than $100, the amounts of
such separate checks may be added together to arrive at and be punishable
as above.

Check for $500 or more; a fine of not less than $500 nor more than $5,000 or by
imprisonment for up to three years, or both.

Hawaii. Up to one year in jail or $1,000 fine or both.

Idaho. Fine or imprisonment or both as follows: If under $50, 1st offense - $300
and six months; 2nd offense - $1000 and one year; 3rd offense, or if amount in
excess of $50 - $5,000 and three years.
Illinois. Up to $500 fine or up to one year in jail, or both.
Indiana. Up to $5,000 fine or up to one year in jail, or both.
Iowa. Up to $100 fine or 30 days in jail for misdemeanor. Up to seven years in
penitentiary, or one year in jail or up to $500 fine, or both, for felony.
Kansas. Up to $2,500 fine or up to one year in jail or both. Up to $5,000 fine or
one to five years in jail or both.
Kentucky. Up to $500 fine. One year in penitentiary for a misdemeanor. Felony
punishable by imprisonment from one to five years and a fine of not more than
$10,000, or double the offender's gain from commission of the crime, whichever
is greater.
Louisiana. Check for under $100, imprisonment for not more than 6 months or
fine of not more than $500 or both. A third or more such conviction, fine of not
more than $1,000 or imprisonment for not more than 2 years or both. Check for
$100 or more and less than $500, imprisonment for not more than 2 years or fine
of not more than $2,000 or both. Check for $500 or more, imprisonment for not
more than 10 years or fine of not more than $3,000 or both. In addition, the court
may order as part of the sentence restitution of the amount of the bad check
plus reasonable attorneys fees.
Maine. Up to $1,000 fine or 11 months in jail, or both.
Maryland. Misdemeanor - maximum fine $100 or imprisonment up to 60 days or
both. Felony - maximum fine of $1,000, imprisonment up to 15 years, or both.
Massachusetts. Up to $300 fine or one year in jail. Up to $600 fine and up to 2
years in jail or up to 5 years in penitentiary.
Michigan. Up to $250 fine or six months in jail. Up to $500 fine or one year in jail.
Mississippi. Checks under $100 - a fine of not less than $25 nor more than $500 or
imprisonment in the county jail for not less than five days nor more than six
months or both. Upon conviction of second offense for check less than $100 a
fine of not less than $50 nor more than $1,000 or imprisonment of not less than 30
days nor more than one year. For the third offense a felony regardless of
amount involved, imprisonment in the state penitentiary for a term of not less
than one year nor more than five years. For a check of more than $100,
deemed a felony, punishment of fine of not less than $100 nor more than $1,000
or by imprisonment for a term of not more than three years or both.
Missouri. Up to $500 fine or six months in jail or both. Up to $1,000 fine or one year
in jail or both. In addition prosecutor can collect fee of $5 for checks less than
$10, $10 for checks - $10 - $100 and $25 for check of $100 or more.
Montana. Check amount under $500.00=Up to $500 fine or six months in jail, or
both. Check amount over $500.00=Up to $50,000 fine or 10 years in penitentiary
or both. (MCA 45-6-316.)
Nebraska. Obtaining property worth: More than $1,000 - Class III felony. More
than $300 but less than $1,000 - class IV felony. Less than $75 - class II
misdemeanor; 2nd offense - class IV felony. Issuing or passing a check of any
amount - class II misdemeanor.
Nevada. Up to six months in county jail or $500 fine, or both. State prison of one
to 10 years or $10,000 fine or both.
New Hampshire. Up to $200 fine or up to one year in jail, or both.
New Jersey. Up to $1,000 fine or up to one year in jail or both.
New Mexico. Up to $1000 fine or 30 days in jail, or both. One to 3 years in jail, or
up to $1,000, or both.
New York. Up to three months in jail, or up to $500, or up to double the amount
of the drawer's gain from the commission of the offense.
North Carolina. $50 - $500 or up to six months in jail. If check is less than $50 - $50
fine or up to 30 days in jail. Over three convictions, up to one year. If check
drawn on non-existent account, fine not to exceed $1,000 or imprisonment for
not more than 2 years or both. If check drawn on account closed by drawer
prior to time check drawn, fine not to exceed $400 or imprisonment for not more
than 5 months or both.
North Dakota. $25 - $250 fine, or up to 3 months in county jail, or both. If no
account - fine up to $500 and one year in jail.
Ohio. Misdemeanor: Up to 6 months in jail, $1,000 fine, or both. Felon: Up to 5
years, $2,500 fine, or both.
Oklahoma. Up to one year imprisonment or up to $1,000 fine or both. One to 10
years imprisonment or up to $5,000 fine.
Oregon. Misdemeanor: Up to $1,000 fine or up to one year in jail, or both. Felony:
Imprisonment for not more than 5 years.
Pennsylvania. Up to $1,000 fine or up to 2 years in penitentiary, or both.
Rhode Island. Up to $500 fine, or up to one year imprisonment, or both. Up to
$2,000 fine, or up to 2 years imprisonment, or both.
South Carolina. Up to $2,000 fine or up to 10 years in jail, or both. In magistrate's
court - first conviction, not less than $50, nor more than $250 or imprisonment of
30 days; second or subsequent conviction, fine of $200 or imprisonment for 30
days. Conviction in court of General Sessions, first conviction fine not less than
$300 nor more than $2,000 or by imprisonment for not more than 2 years or both;
for second or more conviction, fine of not less than $500 or more than $2,000 or
imprisonment for not less than 30 days or not more than 10 years.
South Dakota. First offense: a fine of not more than $100 or imprisonment for not
more than 30 days or both. Second offense: a fine of not more than $300 nor less
than $100 and imprisonment of not more than 6 months or less than 30 days.
Third and subsequent offenses: a fine of not more than $500 nor less than $300
and imprisonment for not more than one year nor less than 6 months. Felony: Up
to 3 years and not more than $1,000 fine.
Tennessee. Not over $100 - not over 11 months 29 days in jail, not over $500 fine,
or both. Over $100 - from three to 10 years in jail.
Texas. Up to 2 years in county jail or up to $1,000 or both. 30 days to 2 years in jail
and up to $1,000. Two to 10 years. Holder of bad check may charge obligor with
any additional processing fees.
Utah. Less than $200 - up to 6 months or $299 or both; more than $200 but less
than $300 - up to one year or $1,000 or both. More than $300 but less than $1,000
- up to five years or $5,000 or both; more than $1,000 - up to 15 years or $1,000 or
both.
Vermont. Up to one year in jail and $1000 fine or both.
Virginia. $200 or less fine or 10 days to 12 months in jail, or both. One to five years
in the penitentiary or fine and jail, or one to ten years penitentiary in discretion of
court.
Washington. Misdemeanor - full restitution; the defendant need not be
imprisoned, but the court shall impose a minimum fine of $500. Of the fine
imposed, at least $50 shall not be suspended or deferred. Upon conviction for a
second offense within any twelve-month period, the court may suspend or defer
only that portion of the fine which is in excess of $500. Felony - Up to one year in
jail or up to $1,000 fine, or both.
West Virginia. Maximum fine of $100, up to 10 days in jail, or both. For obtaining
property under $200 - maximum fine of $200, imprisonment up to six months, or
both. For obtaining property over $200 - maximum fine of $500, imprisonment
from one to five years, or both.
Wisconsin. Up to $1,000 fine or one year in jail.
Wyoming. Misdemeanor - Fine of not more than $750 or imprisonment for not
more than six months, or both. Felony - Fine of not more than $10,000 or
imprisonment for a maximum of 10 years, or both.

8.
From: IRISH NEWS http://www.independent.ie/irish-news/customers-bouncing-
cheques-now-face-jail-25885702.html

Customers bouncing cheques now face jail

Brian McDonaldand David Murphy
 November 10 2004 12:11 AM

ANYONE writing cheques with insufficient funds to meet them is committing a

criminal offence under new legislation, it emerged yesterday.
A Galway businessman became the first person to be convicted under the
provisions of Section four of the Criminal Justice (Theft and Fraud
Offences) Act of 2001, which only came into force in August of 2002.
Suppliers and other business people left high and dry by customers repeatedly
bouncing cheques have previously had to resort to the civil courts in an
effort to get paid.
But now they can make a formal complaint to the gardai, with defaulters facing
up to 10 years in prison if convicted on indictment.
At Galway Circuit Criminal Court, one of the country's leading senior counsel,
Martin Giblin, observed that it would come as a surprise to many people in
business in Ireland that it was now a criminal offence to sign cheques
when there were insufficient funds to cover them.
Mr Giblin pointed out that previously, many people wrote cheques on the basis
that future cash flow would be used to discharge the outstanding
amount.
"But those days are gone and it's probably a good thing that they are gone,"
said Mr Giblin.
Before the court was businessman Peter Corcoran (40) of Monument Road,
Menlo, Galway.
A separated man, he had pleaded guilty to theft by dishonestly appropriating
building materials and a bathroom suite from two suppliers in Galway in
August 2002.

The court heard that Corcoran was unaware that the new legislation had just
come into force before the date of the offences.
Sergeant Mary Ann Donoghue said that Corcoran had been renovating a
house he had purchased and had acquired goods from T O'Higgins
Builders Providers in Galway city. He wrote cheques to a total amount of
?4,234, but these were all returned.
He also bought a bathroom suite from Bathroom World in Galway for ?1,100 and
paid for it with a cheque that was later dishonoured. Corcoran had earlier
bought other goods to a total value of more than ?5,000 from the same
supplier with cheques that were also returned unpaid.
Sgt Donoghue said that all outstanding amounts, including other sums not
detailed in the charges before the court, had since been repaid in full by
the accused.
Judge Kenny noted that the accused had been advised by his bank not to
write cheques until the account was in funds, but he had gone ahead
and written cheques to suppliers, knowing full well that they would be
dishonoured.
Judge Kenny noted that it was a serious offence and that, under the 2001 Act,
the bouncing of a cheque could have serious consequences for an
offender, carrying fines and a prison sentence. He imposed a sentence of
18 months in prison, but suspended it for three years.
Reacting to the court case, Mark Fielding chief executive of the small business
lobby group ISME said the new law "was a deterrent but it does not mean
businesses who receive cheques which bounce will get their money back
any faster".
Mr Fielding said that companies and consumers needed to be made aware of
the new law and said he welcomed measures to crack down on people
writing cheques without funds to back them.