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A Notice of Dishonor is a letter used to inform a person who has issued a check (the "drawer") that the same has been dishonored by the bank. A Notice of Dishonor is required before a person can be convicted for a violation of Batas Pambansa 22 ("BP 22" or the "Bouncing Check Law").
As explained in Chua vs. People of the Philippines (G.R. No. 196853), BP is violated when the following elements are present:
A Notice of Dishonor creates a presumption that the drawer knew of the insufficiency of funds if the drawer received the Notice of Dishonor and fails to pay or make arrangements for payments within Five (5) Days from their receipt of the Notice. Thus it is important that the Notice of Dishonor can be proved to have been received by the drawee.
This letter can be used if the check was dishonored for:
How to use this document
This document can be used by any person to inform a drawer of a dishonored check that the same has been dishonored. The letter should be addressed to the drawer of the check. If a corporation is the drawer of the check, then it should be addressed to the person who signed the check (the "signatory"). The user should complete the information required by the document. Once completed, the notice of dishonor should be sent either by registered mail or by personal service.
If the letter will be sent by registered mail, the following documents should be available in the event that a complaint for a violation of BP 22 is filed:
If the letter will be delivered through personal service, the drawer must legibly sign a copy of the notice of dishonor and indicate the date of receipt. The copy should then be kept so it can be used as a proof of receipt of the notice of dishonor.
Batas Pambansa 22 and jurisprudence governs Notices of Dishonor.
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