Lozano vs.

Martinez GR L-63419, 18 December 1986 En Banc, Yap (J)

Facts: Lozano vs. Martinez (GR L-63419), Lobaton vs. Cruz (GR L-66839-42),
Datuin vs. Pano (GR 71654), Violago vs. Pano (GR 74524-25), Abad vs.
Gerochi (GR 75122-49), Aguiliz vs. Presiding Judge of Branch 154 (GR 75812-
13), Hojas vs. Penaranda (GR 75765-67) and People vs. Nitafan (GR 75789)
are cases involving prosecution of offenses under BP 22 which were
consolidated herein as the parties (defendants) thereto question the
constitutionality of the statute, BP 22. Issue: Held: Whether BP 22 is
constitutional. The language of BP22 is broad enough to cover all kinds of
checks, whether present dated or post dated, whether issued in payment of
pre-existing obligations or given in mutual or simultaneous exchange for
something of value. BP 22 is aimed to put a stop or to curb the practice of
issuing worthless checks, which is proscribed by the State because of the
injury it causes to public interests. The gravamen of the offense punished by
BP 22 is the act of making or issuing a worthless check or a check which
is dishonored upon its presentation for payment. it is not the non-payment of
an obligation which the law punishes. The law publishes the act not as an
offense against property but an offense against public order. The enactment
of BP 22 is a valid exercise of police power and is not repugnant to the
constitutional inhibition against imprisonment for debt. The statute is not
unconstitutional.