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Under Section 1 of BP 22, the penalty is imprisonment of not less than 30 days but not more than one year, OR a fine of not less than but not more than double the amount of the check (the fine not to exceed ₱200,000), or both — at the discretion of the court. So imprisonment is possible, but it is not automatic.

The Supreme Court has directed courts to lean toward a fine. Administrative Circular No. 12-2000 (clarified by Administrative Circular No. 13-2001) lays down a rule of preference for imposing a fine rather than imprisonment in BP 22 cases — though imprisonment remains an available penalty and the choice rests on the circumstances of each case. Separately from the criminal penalty, the accused may also be held civilly liable for the amount of the check.

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