I. Introduction

Batas Pambansa Blg. 22 (BP 22), otherwise known as the Bouncing Checks Law, criminalizes the making, drawing, and issuance of any check to apply on account or for value, knowing at the time of issue that the drawer does not have sufficient funds in or credit with the drawee bank. The law protects trade and commerce by deterring the issuance of worthless checks. Beyond the criminal penalty, BP 22 cases carry significant civil liability, including the recovery of the face value of the check, interest, damages, and attorney’s fees. Attorney’s fees in these cases represent the cost of litigation incurred by the offended party (payee or holder) and serve as indemnity for the expenses of enforcing rights through judicial action. Courts routinely award them when the complainant is represented by counsel and successfully proves the elements of the offense.

II. Legal Framework

The primary law is Batas Pambansa Blg. 22 (1981), as amended. Civil liability arises from the same transaction and is governed by:

Article 2208 of the Civil Code of the Philippines, which allows recovery of attorney’s fees when the defendant’s act or omission has compelled the plaintiff to litigate or incur expenses to protect rights, or in cases of bad faith, gross negligence, or when the court deems it just and equitable.
Rule 111 of the Revised Rules of Criminal Procedure, which deems the civil aspect instituted with the criminal action unless expressly reserved, waived, or filed separately.
Article 100 of the Revised Penal Code, making every person criminally liable also civilly liable.
Jurisprudence from the Supreme Court recognizing attorney’s fees as recoverable in BP 22 prosecutions where the payee incurs legal expenses to collect on the dishonored check.

The offense is mala prohibita; intent to defraud is not required, but the law presumes knowledge of insufficient funds when the check bounces and the drawer fails to pay or make arrangements within five banking days after notice of dishonor.

III. Nature of Attorney’s Fees in BP 22 Cases

Attorney’s fees here are not payment for the lawyer’s services per se (which is governed by the contract between the payee and counsel) but an item of damages awarded by the court to the prevailing offended party. They compensate for the time, effort, and expenses of litigation caused by the drawer’s issuance of a worthless check. Because BP 22 carries a presumption of bad faith once the elements are proven, courts almost always grant attorney’s fees when prayed for and supported by evidence.

IV. Basis for Awarding Attorney’s Fees

Courts award attorney’s fees under any of the following circumstances applicable to BP 22:

The drawer’s act compelled the payee to litigate.
The drawer acted in bad faith or with gross negligence.
The case falls under the catch-all provision of Article 2208(11) — when the court deems it just and equitable.
The payee actually engaged counsel and incurred legal expenses.

Mere filing of the case is insufficient; the payee must show that counsel was engaged and that fees were paid or obligated. A written retainer agreement, billing statements, or testimony of the lawyer strengthens the claim.

V. Amount of Attorney’s Fees

Philippine courts exercise sound discretion in fixing the amount, guided by the principle of reasonableness. There is no fixed statutory rate, but established practices include:

Percentage-based: Commonly 10% to 25% of the face value of the check(s). For large amounts, courts often reduce the percentage to avoid windfall.
Fixed or lump-sum: In Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC), and Regional Trial Courts (RTC) handling BP 22 cases, awards frequently range from ₱20,000 to ₱100,000 per case, depending on the amount involved, complexity, number of hearings, and stages of litigation (pre-trial, trial, appeal).
Multiple checks: When several checks are involved in one information or separate cases, fees may be awarded per check or as a consolidated reasonable amount.

Higher amounts are justified when the case proceeds to full-blown trial, involves appeals, or requires extensive evidence gathering. Excessive demands are often moderated by the court.

VI. Factors Considered by Courts in Determining the Amount

Courts evaluate the following under Rule 138, Section 24 of the Rules of Court and jurisprudence:

The amount and character of the services rendered.
The time and effort required (number of hearings, motions, travel).
The novelty and difficulty of the questions involved.
The skill and experience of the lawyer.
The value of the property or amount involved (face value of the check).
The results obtained (full conviction and collection).
The customary charges for similar services in the locality.
The relationship between the parties and the parties’ ability to pay.

VII. Other Recoverable Civil Liabilities in BP 22 Cases

Attorney’s fees form part of a broader award that typically includes:

Face value of the check.
Legal interest at 6% per annum from the date of judicial or extrajudicial demand (or date of filing of the information if no prior demand) until full payment.
Actual or compensatory damages (e.g., bank charges, protest fees, transportation costs).
Moral damages (when the payee proves serious anxiety, besmirched reputation, or mental anguish, especially for individuals or small businesses).
Exemplary damages (to serve as deterrent, usually ₱10,000 to ₱50,000 when bad faith is pronounced).
Costs of suit.

VIII. Procedure for Claiming Attorney’s Fees

Inclusion in the Complaint: The payee’s affidavit-complaint before the prosecutor or in the information should expressly pray for payment of the check amount, interest, damages, and attorney’s fees.
Evidence: During trial, present the dishonored check, notice of dishonor, return slip, demand letter, engagement letter with counsel, and proof of payment of legal fees or obligation to pay.
Judgment: The court’s decision must state the amount of attorney’s fees separately. It forms part of the civil liability that survives even if the criminal penalty is modified on appeal.
Execution: After finality, the judgment is enforced through a writ of execution. The accused may be ordered to pay the entire civil liability, including attorney’s fees.

The civil aspect may be reserved in the criminal case and pursued separately as a civil action for collection, where attorney’s fees may also be claimed under the same Civil Code provisions.

IX. When Attorney’s Fees Are Denied or Reduced

When the payee appears without counsel (pro se).
When the claim is exorbitant and unreasonable.
When the case is dismissed or the accused is acquitted (unless the acquittal is based on reasonable doubt and civil liability is still adjudged).
When the parties reach a compromise or amicable settlement before judgment, in which case attorney’s fees may be waived or separately stipulated.
When the payee fails to prove actual engagement of counsel or the amount claimed.

X. Special Cases and Considerations

Corporate Payees: Corporations may recover attorney’s fees even if in-house counsel is used, provided legal services were rendered.
Multiple Accused: Liability for attorney’s fees is solidary when several persons issued or are responsible for the check.
Appeals: The award of attorney’s fees may be increased or decreased on appeal, but the Supreme Court is generally deferential to the trial court’s discretion unless grossly excessive.
Compromise Agreements: Many BP 22 cases are settled through payment plans. Settlements often include a provision for attorney’s fees or a higher total to cover legal costs.
Estafa vs. BP 22: When both estafa (Article 315) and BP 22 are charged, attorney’s fees may be awarded in either or both, but double recovery is avoided.
Prescription: The civil action based on the check prescribes in 10 years (written contract) or 6 years (quasi-contract), but the criminal case tolls the period.

XI. Obligations of the Accused and Enforcement

Upon conviction, the accused is ordered to pay the civil liabilities jointly and severally with any co-accused. Non-payment may lead to subsidiary imprisonment in certain cases, though BP 22 penalties have shifted more toward fines following jurisprudential developments favoring imprisonment alternatives. The offended party can garnish bank accounts, levy on properties, or seek contempt proceedings for willful non-compliance with the money judgment.

XII. Practical Considerations

For payees/complainants: Engage counsel early, document all expenses, send a formal demand letter before filing to strengthen the claim for interest and damages, and pray specifically for attorney’s fees in the complaint.

For drawers/accused: Prompt payment or arrangement within five days of notice of dishonor avoids criminal liability altogether. Early settlement minimizes exposure to attorney’s fees and other damages.

For lawyers: Charging contingent fees (commonly 10–25% of the amount collected in BP 22 cases) is standard, but the court-awarded attorney’s fees belong to the client unless the retainer agreement assigns them to counsel.

This framework covers the comprehensive rules, principles, and practices governing attorney’s fees in bouncing check cases under Philippine law.