Beruflich Dokumente
Kultur Dokumente
FACTS:
Petitioners assail the validity of BP 22, also known as the Bouncing Check Law. Additonally, BP 22 does not constitute an undue delegation of legislative powers.
BP 22 punishes a person “who makes or draws and issues any check on account Contrary to the contention, the power to define the offense and to prescribe the
for value, knowing at the time of issue that he does not have sufficient funds in penalty are not delegated to the payee.
or credit with the drawee bank..”.
On the last contention, the Interim Batasan investigated the matter and reported
It is aimed at putting a stop to the practice of issuing checks that are worthless that the clause in question was an authorized amendment of the bill. With all the
which causes injury to the public interest. foregoing reasons, the constitutionality of BP 22 is upheld.
HELD:
The offense punished by BP 22 is the act of making and issuing a worthless check,
not the non-payment of an obligation which the law punishes. The effects of
issuance of a worthless check transcends the private interests of the parties
directly involved in the transaction and touches the interests of the community at
large since putting valueless commercial papers in circulation can pollute the
channels of trade and commerce, injure the banking system and eventually hurt
the welfare of society and the public interest. Hence, the enactment of BP 22 is a
valid exercise of police power and is not in conflict with the constitutional
inhibition against imprisonment for debt.
The statute does not deny the equal protection clause since it only penalizes the
drawer of the check and not the payee.