- Statute
- Philippine Batas Pambansa Blg. 22
- Article
- Sec. 2
- Topic
- Prima facie evidence of knowledge of insufficient funds
- Status
- In force
- Year
- 1979
- Cited by
- A Supreme Court decision
The provision
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.
Intellegal Wiki · In plain terms
Section 2 is the evidentiary engine of the offence. Dishonour of the check for insufficiency of funds, when the bank has stamped or written that reason, is prima facie evidence that the drawer knew the funds were insufficient. That presumption does not arise — and is rebutted — if the drawer pays the holder, or arranges for the check to be paid, within five banking days after receiving notice of dishonour. The notice and the five-day window are therefore not formalities; they are what the presumption depends on.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- King v. People G.R. No. 131540