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ACT NO. 3326 BATAS PAMBANSA BLG.

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AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF


ACT NO. 3326 - AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR
FOR VIOLATIONS PENALIZED BY SPECIAL ACTS AND MUNICIPAL OTHER PURPOSES.
ORDINANCES AND TO PROVIDE WHEN PRESCRIPTION SHALL BEGIN
TO RUN Section 1. Checks without sufficient funds. - Any person who makes or draws and
issues any check to apply on account or for value, knowing at the time of issue that he
Section 1. Violations penalized by special acts shall, unless otherwise provided in such does not have sufficient funds in or credit with the drawee bank for the payment of
acts, prescribe in accordance with the following rules: (a) after a year for offenses such check in full upon its presentment, which check is subsequently dishonored by
punished only by a fine or by imprisonment for not more than one month, or both; (b) the drawee bank for insufficiency of funds or credit or would have been dishonored
after four years for those punished by imprisonment for more than one month, but less for the same reason had not the drawer, without any valid reason, ordered the bank to
stop payment, shall be punished by imprisonment of not less than thirty days but not
than two years; (c) after eight years for those punished by imprisonment for two years
more than one (1) year or by a fine of not less than but not more than double the amount
or more, but less than six years; and (d) after twelve years for any other offense
of the check which fine shall in no case exceed Two Hundred Thousand Pesos, or both
punished by imprisonment for six years or more, except the crime of treason, which such fine and imprisonment at the discretion of the court.
shall prescribe after twenty years. Violations penalized by municipal ordinances shall
prescribe after two months.
The same penalty shall be imposed upon any person who, having sufficient funds in
Sec. 2. Prescription shall begin to run from the day of the commission of the violation or credit with the drawee bank when he makes or draws and issues a check, shall fail
of the law, and if the same be not known at the time, from the discovery thereof and to keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon, for
the institution of judicial proceeding for its investigation and punishment.
which reason it is dishonored by the drawee bank.
The prescription shall be interrupted when proceedings are instituted against the guilty
person, and shall begin to run again if the proceedings are dismissed for reasons not Where the check is drawn by a corporation, company or entity, the person or persons
constituting jeopardy. who actually signed the check in behalf of such drawer shall be liable under this Act.

Sec. 3. For the purposes of this Act, special acts shall be acts defining and penalizing Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and
violations of the law not included in the Penal Code. 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
Sec. 4. This Act shall take effect on its approval. 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.

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
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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.

Section 4. Credit construed. - The word "credit" as used herein shall be construed to
mean an arrangement or understanding with the bank for the payment of such check.

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.

Section 6. Separability clause. - If any separable provision of this Act be declared


unconstitutional, the remaining provisions shall continue to be in force.

Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the
Official Gazette.

Approved: April 3, 1979.