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BP22 Notes

BP 22, enacted during President Marcos Sr.'s administration, aims to stop the circulation of valueless commercial paper, specifically worthless checks. The law is constitutional as it penalizes the act of issuing worthless checks rather than non-payment of debts, and it does not violate any constitutional provisions. The Supreme Court affirmed that checks are substitutes for money and do not constitute contracts, thus upholding the legality of BP 22.

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15 views1 page

BP22 Notes

BP 22, enacted during President Marcos Sr.'s administration, aims to stop the circulation of valueless commercial paper, specifically worthless checks. The law is constitutional as it penalizes the act of issuing worthless checks rather than non-payment of debts, and it does not violate any constitutional provisions. The Supreme Court affirmed that checks are substitutes for money and do not constitute contracts, thus upholding the legality of BP 22.

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↳ June 29 1979

When did BP 22 take effect?

This is one of the laws enacted during the time of President Marcos Sr.
because by then he had both the legislative and the executive powers.

↳ [People vs. Lozano] It is to put a stop to the harmful practice of circulating


What is the specific purpose of the law?

↳ The gravamen of the offenses punished under BP 22 is the act of issuing


valueless commercial paper.

↳ It is a Mala Prohibita offense (law prohibits it)


worthless check that is dishonored when presented for payment.

*There are 2 kinds of offenses under the Revised Penal Code (RPC):
1) Mala in se (inherently wrong)
2) Mala prohibita/Malum prohibitum (there is a special law which
prohibits it w/o the need of providing ill motive for the act.

↳ [Lozano vs. Martinez; Dec. 18, 1986]


Is BP 22 constitutional or not?

It is an En Banc case (decided as a whole by the Supreme Court) stating:


 The gravamen of BP 22 is the issuance of worthless check, not the
payment of the obligation;
 BP22 does not conflict with the constitutional prohibition against
imprisonment for non-payment of debt;
 Checks are not contracts but only substitute for money; non-
impairment of contract clause applies only to lawful contracts;
 It does not violate equal protection clause; and
 It does not involve undue delegation of legislative power of payee.
*Basically, this case enunciates the basic principles about BP 22. Simply,
BP 22 is legal, constitutional, and does not violate(contravene) the
constitution.

↳ Yes. It is an exercise of the police power of the State.


Is BP 22 constitutional?

↳ No. It penalizes the issuance of worthless check and not the non-payment
Does it violate the non-imprisonment clause?

of the debt.

↳ No. Checks are not contracts but are substitutes for money. They form
Does it violate the non-impairment clause?

part of the banking system.

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