Philippine Batas Pambansa Blg. 22 Sec. 5: Relation

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Statute: Philippine Batas Pambansa Blg. 22
Article: Sec. 5
Topic: Relation to prosecution under the Revised Penal Code
Status: In force
Year: 1979

The provision

Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code.

Intellegal Wiki · In plain terms

Section 5 makes prosecution under this Act independent of, and without prejudice to, any liability for a violation of the Revised Penal Code — most often estafa under Article 315. The same check can therefore give rise to both, because the two offences have different elements: B.P. 22 punishes the issuance of a worthless check as such, while estafa requires deceit that induced the parting with money or property.

An editorially maintained plain-language explanation of this provision — not legal advice.

Related provisions

B.P. 22, Sec. 1 The acts penalized and the penalty
B.P. 22, Sec. 2 Prima facie evidence of knowledge of insufficient funds
B.P. 22, Sec. 3 Duty of the drawee bank; rules of evidence
B.P. 22, Sec. 4 "Credit" defined
B.P. 22, Sec. 6 Separability clause
B.P. 22, Sec. 7 Effectivity
Revised Penal Code, Art. 315 Estafa — the offence §5 preserves liability for

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.