- Statute
- Philippine Batas Pambansa Blg. 22
- Article
- Sec. 3
- Topic
- Duty of the drawee bank; rules of evidence
- Status
- In force
- Year
- 1979
The provision
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or issuance of said check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check. Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.
Intellegal Wiki · In plain terms
Section 3 tells the drawee bank what to write on a dishonoured check and makes that notation prima facie evidence of both the dishonour and the reason for it, so the bank's own record carries the proof. Where the drawer has no account with the bank, or the account is closed, the section requires that fact to be stated. It also allows the check itself, with the notation, to be introduced without further authentication.
An editorially maintained plain-language explanation of this provision — not legal advice.