Amending Sec. 2 (d), Article 315 of the Revised Penal Code Re: Issuance of Checks
Republic Act No. 4885, enacted on June 17, 1967, amends Article 315 of the Revised Penal Code regarding the issuance of checks. The amendment specifies that postdating a check or issuing a check without sufficient funds constitutes a fraudulent act. It establishes that if the check is dishonored due to insufficient funds and the drawer fails to deposit the necessary amount within three days of receiving notice, this failure serves as prima facie evidence of deceit. The law aims to enhance accountability in financial transactions involving checks.
June 17, 1967
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)
SECTION 1. 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: acd
"(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."
SECTION 2. This Act shall take effect upon its approval.
Approved: June 17, 1967
Published in the Official Gazette, Vol. 63, No. 44, p. 9890 on October 30, 1967