Publishing Republic Act No. 4885, Amending Section 2, Paragraph (d), Article 315 of the Revised Penal Code. (Re: Issuance of Checks)

September 14, 1967 REVENUE MEMORANDUM CIRCULAR NO. 38-67 SUBJECT : Publishing Republic Act No. 4885, Amending Section 2, Paragraph (d), Article 315 of the Revised Penal Code. (Re: Issuance of Checks) TO : All Internal Revenue Officers and Others Concerned For the information and guidance of all concerned, there is quoted hereunder Republic Act No. 4885: LibLex Republic Act No. 4885 "AN ACT TO AMEND SECTION TWO, PARAGRAPH (d), ARTICLE THREE HUNDRED FIFTEEN OF ACT NUMBERED THIRTY-EIGHT HUNDRED AND FIFTEEN, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE. (re: issuance of checks.) " Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled : "SECTION I. Section Two, Paragraph (d), Article Three hundred fifteen of Act Numbered Thirty-eight hundred and fifteen is hereby amended to read as follows: "Sec. 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: "(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act." "Sec. 2. This Act shall take effect upon its approval. "Approved, June 17, 1967." Features of the Amendment Before the amendment, paragraph (d) of Section 2, Article 315 of the Revised Penal Code provides "By postdating a check, or issuing such check in payment of an obligation, the offender knowing that at the time he had no funds in the bank, or the funds deposited by him in the bank were not sufficient to cover the amount of the check, and without informing the payee of such circumstances." In the light of doctrine enunciated by the Supreme Court before the amendment of the abovequoted law, the issuance of unfunded checks in the payment of taxes did not constitute a violation of Section 2(d), Art. 315, of the Revised Penal Code. However, a taxpayer can now be prosecuted under the amended provisions if he fails to deposit the amount covered by his check within 3 days after his receipt of notice of dishonor of his check for lack or insufficiency of funds, such failure being now considered prima facie evidence of deceit constituting false pretense or fraudulent act. Effectivity Republic Act No. 4885 took effect on June 17, 1967. Enforcement and Publicity All internal revenue officers and others charged with the enforcement of the internal revenue laws are enjoined to be guided accordingly and to give the law as wide a publicity as possible. (SGD.) MISAEL P. VERA Commissioner of Internal Revenue APPROVED: (SGD.) JUAN PONCE ENRILE Acting Secretary