A bounced check can quickly become more than a payment problem in the Philippines. If the check was dishonored for insufficient funds, closed account, or a similar reason, the payee may consider filing a criminal case under Batas Pambansa Blg. 22, commonly called BP 22 or the “Bouncing Checks Law.” But BP 22 cases are deadline-sensitive. The most important periods are the 90-day presentment period, the 5-banking-day period after written notice of dishonor, and the 4-year prescriptive period for filing the criminal complaint.

What BP 22 means in simple terms

BP 22 punishes the making, drawing, or issuing of a check when the issuer knows that there are not enough funds or credit with the bank to cover it. It also covers a person who issues a check and later fails to keep enough funds or credit to cover the check if it is presented within the required period. The law applies even if the check was issued by a corporation or business entity; in that situation, the person or persons who actually signed the check may be held liable. (Supreme Court E-Library)

The offense is not treated as an ordinary unpaid debt. The Supreme Court has repeatedly explained that BP 22 focuses on the public harm caused by worthless checks circulating in commercial transactions. In practical terms, the case is about the act of issuing a bad check, not simply about failing to pay a loan, purchase price, rent, or other obligation.

BP 22 is also different from estafa under the Revised Penal Code. A bounced check may sometimes lead to both BP 22 and estafa allegations, but estafa generally requires deceit or fraud at or before the time the transaction was made. BP 22 does not require proof of fraud in the same way. This is why many bounced check complaints are filed under BP 22 even when an estafa case would be harder to prove.

The three BP 22 filing deadlines you need to understand

The confusion usually comes from people hearing different deadlines: “90 days,” “5 days,” and “4 years.” These are not the same deadline. They serve different purposes.

Deadline	What it means	Why it matters
90 days from the date of the check	The check should be presented to the bank within 90 days from its date	Needed for the legal presumption that the issuer knew there were insufficient funds
5 banking days after receipt of written notice of dishonor	The issuer has 5 banking days from actual receipt of written notice to pay or make arrangements	Full payment or arrangement within this period is a complete defense
4 years	The usual prescriptive period for filing a BP 22 criminal complaint	If the case is filed too late, the accused may raise prescription

These periods work together. A careful complainant should not focus only on the 4-year period. In real BP 22 practice, weak proof of the 90-day presentment or weak proof of actual receipt of the demand letter can damage the case even if it was filed within four years.

Deadline 1: Present the check within 90 days

BP 22 provides that if the check is refused by the bank for insufficient funds or credit when presented within 90 days from the date of the check, that dishonor becomes prima facie evidence of the issuer’s knowledge of insufficiency of funds, unless the issuer pays or makes arrangements within the required 5-banking-day period after receiving notice. (Supreme Court E-Library)

“Prima facie evidence” means evidence that is enough to support a fact unless it is rebutted. In BP 22 cases, it helps the prosecution prove that the issuer knew the check would not be covered.

What if the check is deposited after 90 days?

Depositing or presenting the check after 90 days does not automatically mean there can never be a case, but it creates a serious evidentiary problem. The statutory presumption of knowledge may not arise. That means the complainant may have a harder time proving that the issuer knew there were insufficient funds.

For practical purposes, the safest approach is simple: deposit or present the check as soon as possible, and definitely within 90 days from the date written on the check.

What proof should you get from the bank?

After dishonor, ask the bank for documents showing:

The check was presented;
The date of presentment;
The reason for dishonor;
The bank’s notation, return slip, or check return advice.

BP 22 specifically requires the drawee bank to state the reason for dishonor in plain language, either on the check itself or in a notice attached to it. A dishonored check bearing that reason may be used as prima facie evidence of issuance, presentment, and dishonor. (Supreme Court E-Library)

Common dishonor reasons include:

DAIF — Drawn Against Insufficient Funds;
NSF — Non-Sufficient Funds;
Account Closed;
No Account;
Payment Stopped, especially if the account also lacked sufficient funds.

Deadline 2: Send written notice of dishonor and wait 5 banking days

A BP 22 case is often won or lost on the notice requirement.

The law gives the issuer a chance to avoid prosecution by paying the check amount or making arrangements for payment within 5 banking days after receiving notice that the check was dishonored. The Supreme Court has been strict about this: the notice of dishonor must be in writing, and the prosecution must prove that the accused actually received it. Oral notice is not enough. (Supreme Court E-Library)

This is why a phone call saying “your check bounced” is not enough by itself. A text message, Viber message, Messenger chat, or email may help show communications between the parties, but in court, a properly served written demand letter with proof of receipt is still much safer.

What should the written notice say?

A good BP 22 demand letter or notice of dishonor should clearly state:

The check number;
The bank and branch;
The date and amount of the check;
The payee or holder of the check;
The date the check was presented;
The reason for dishonor;
A demand to pay the full amount or make acceptable payment arrangements;
A statement that payment or arrangement should be made within 5 banking days from receipt.

The letter should be signed, dated, and supported by proof that it was actually received by the issuer or an authorized representative.

How do you prove receipt of the notice?

The safest proof usually includes one or more of the following:

Method	Useful proof
Personal delivery	Signed receiving copy with printed name, signature, date, and relationship to the issuer
Courier service	Delivery receipt, proof of delivery, recipient name, date, and tracking record
Registered mail	Registry receipt plus return card or certification showing delivery
Service through counsel	Written acknowledgment from the lawyer, if clearly authorized
Email or messaging apps	Screenshots, delivery/read confirmations, and authentication evidence, but these are riskier if used alone

The Supreme Court has rejected weak proof of service. It is not enough to show that a demand letter was merely sent. The prosecution must prove that the accused received the written notice, or that it was received by someone properly authorized to receive it. (Supreme Court E-Library)

How to count the 5 banking days

The 5-day period is counted in banking days, not ordinary calendar days. Banking days generally exclude Saturdays, Sundays, official holidays, and days when banks are closed or banking operations are suspended.

Example:

The issuer receives the written notice on Monday.
Start counting from the next banking day.
Tuesday is Day 1.
Wednesday is Day 2.
Thursday is Day 3.
Friday is Day 4.
The next Monday is Day 5, assuming there is no holiday.

If Friday or Monday is a holiday, the deadline moves accordingly. This is one reason complainants should keep a clear timeline and avoid filing too early.

What if the issuer pays within 5 banking days?

If the issuer pays the full amount or makes arrangements for full payment within 5 banking days from receipt of the written notice, that can be a complete defense to BP 22. (Supreme Court E-Library)

This does not mean the payee must accept vague promises. The arrangement should be clear, documented, and acceptable. For example, a written settlement with specific payment dates may help show that an arrangement was made. A casual statement like “I’ll pay soon” is usually not the same as a firm arrangement.

Deadline 3: File the BP 22 complaint within the prescriptive period

BP 22 is a special penal law. Under Act No. 3326, offenses punished by special laws prescribe depending on the penalty. Because BP 22 carries imprisonment of up to one year, the generally applied prescriptive period is 4 years. (Supreme Court E-Library)

In ordinary language, “prescription” means the legal deadline for starting the criminal case. If the case is filed after the prescriptive period, the accused may argue that the State can no longer prosecute.

When does the 4-year period start?

In practice, lawyers are careful with this because the exact starting point may depend on the facts and how the issue is raised. A conservative way to manage a BP 22 file is to track several dates:

Date written on the check;
Date of deposit or presentment;
Date of dishonor;
Date written notice was actually received;
Date the 5 banking days expired.

For complainants, the practical rule is: do not wait anywhere near four years. File as early as possible after the 5-banking-day period expires, assuming the issuer has not paid or made acceptable arrangements.

What filing stops prescription?

The Supreme Court’s 2025 ruling in People v. Consebido clarified that, prospectively, the prescriptive period for covered criminal cases is tolled when the complaint is filed with the prosecution office and summary investigation begins, not only when the case reaches the court. The Court also clarified the effect of the 2022 Rules on Expedited Procedures in the First Level Courts, which replaced the older summary procedure rules. (Supreme Court of the Philippines)

For ordinary complainants, the safer practical takeaway is this:

File the complaint with the proper Office of the City Prosecutor or Provincial Prosecutor as early as possible;
Make sure the complaint is complete enough to be accepted and acted upon;
Keep proof of filing, including receiving stamps, docket numbers, and copies of attachments.

If the case is very old, or if it falls around older procedural rules and transitional periods, prescription can become a technical issue. But for a current BP 22 complaint, the best practice is to file promptly and avoid relying on borderline prescription arguments.

Where BP 22 cases are usually filed

BP 22 cases are covered by the Rules on Expedited Procedures in the First Level Courts, which took effect on April 11, 2022. The rules specifically include BP 22 cases among criminal cases governed by summary procedure. (Supreme Court of the Philippines)

The usual path is:

The complainant prepares a complaint-affidavit and supporting documents.
The complaint is filed with the appropriate prosecution office.
The prosecutor conducts preliminary or summary evaluation, depending on the applicable procedure.
If there is sufficient basis, an information is filed in the proper first level court.
The case proceeds under the expedited procedure.

The proper venue can depend on where the check was issued, delivered, deposited, or dishonored, and what the evidence can show. In many real cases, venue questions become contested when the check was handed over in one city, deposited in another, or connected to a transaction in a different province. This is why the complaint-affidavit should clearly state where the important acts happened.

Step-by-step guide before filing a BP 22 case

1. Secure the original check and bank return documents

Keep the original check safe. Do not staple over important markings, write unnecessary notes on it, or lose the return slip.

You will usually need:

Original dishonored check;
Photocopies of the front and back of the check;
Bank return slip or check return advice;
Bank certification, if available;
Deposit slip or proof of presentment.

2. Confirm the check was presented within 90 days

Look at the date on the check and the date of presentment. If the check was deposited late, the case may still be reviewed, but the complainant should understand that the presumption under BP 22 may be affected.

3. Prepare and serve a written notice of dishonor

Send a clear written demand letter. Do not rely on a phone call.

Use a method that gives proof of actual receipt. If serving personally, have the recipient sign a receiving copy. If using courier or registered mail, keep the tracking record, return card, or certification.

4. Wait for the 5 banking days to expire

Do not file immediately after sending the letter. The issuer must be given the statutory opportunity to pay or make arrangements within 5 banking days from receipt.

If the issuer pays in full within that period, BP 22 liability may be avoided. If the issuer ignores the letter, refuses to pay, or makes only vague promises, the complainant may proceed.

5. Prepare the complaint-affidavit and supporting evidence

A complaint-affidavit should narrate the facts in a clear timeline:

The transaction or reason the check was issued;
The issuance and delivery of the check;
The date and place of issuance or delivery;
The presentment of the check;
The dishonor and reason for dishonor;
The sending and receipt of written notice;
The issuer’s failure to pay or make arrangements within 5 banking days.

Under the expedited procedure rules, criminal cases may be filed by complaint or information, and required judicial affidavits and supporting copies may be required by the court or prosecution office. (Supreme Court of the Philippines)

6. File with the proper prosecution office

Bring multiple copies because prosecution offices often require copies for:

The prosecutor;
The respondent;
The complainant’s receiving copy;
The court file later, if the case proceeds.

The exact number of copies may vary by city or province. Some offices also require a standard complaint sheet, witnesses’ affidavits, valid IDs, and proof of authority if the complainant is a corporation.

7. Pay attention to the civil aspect and filing fees

In BP 22 cases, the civil action for the amount of the check is generally deemed included in the criminal action. The Supreme Court’s Office of the Court Administrator has reminded courts that payment of docket fees on the civil aspect is required, and failure to pay required fees may have consequences.

This matters because many complainants assume BP 22 is only criminal. In reality, the complainant usually also wants recovery of the check amount. The court may require filing fees based on the amount involved.

Required documents for a BP 22 complaint

Document	Why it matters	Practical note
Original bounced check	Primary evidence of issuance	Keep it clean and secure
Photocopies of the check	Needed for filing copies	Copy both front and back
Bank return slip or check return advice	Proves dishonor and reason	Must show insufficient funds, closed account, or similar reason
Written demand letter or notice of dishonor	Required to trigger the 5-banking-day period	Oral notice is not enough
Proof of receipt of demand letter	Proves the issuer actually received notice	This is often the weakest part of BP 22 complaints
Transaction documents	Shows why the check was issued	Contracts, invoices, acknowledgments, loan documents, receipts
Complaint-affidavit	Main sworn statement of the complainant	Should be notarized and fact-specific
Witness affidavits or judicial affidavits	May be required under expedited procedure	Prepare if another person handled delivery, deposit, or demand
Valid IDs	Required for notarization and filing	Bring originals and photocopies
Corporate authority documents	Needed if complainant is a corporation	Secretary’s certificate or board authority may be required

Common mistakes that weaken BP 22 cases

1. Depositing the check too late

Waiting beyond 90 days can make it harder to rely on the legal presumption of knowledge. Even if settlement talks are ongoing, the payee should be careful not to miss the presentment period.

2. Sending a demand letter but failing to prove receipt

A demand letter that was merely mailed or handed to an unknown person may not be enough. Courts look for actual receipt by the accused or a properly authorized recipient. (Supreme Court E-Library)

3. Relying only on text messages or phone calls

Texts and chats may support the story, but BP 22 jurisprudence requires written notice of dishonor. A call saying “your check bounced” is not sufficient.

4. Filing before the 5 banking days expire

Filing too early can create a defense that the issuer was not given the chance required by law. Always count the 5 banking days carefully.

5. Treating several checks as one deadline

Each dishonored check may have its own date, presentment, demand notice, 5-banking-day period, and prescriptive timeline. For multiple checks, prepare a separate timeline table.

6. Ignoring the civil filing fees

If the complainant wants recovery of the check amount through the criminal case, the civil aspect and related docket fees should be addressed properly.

7. Filing in the wrong venue

If the complaint is filed in the wrong city or province, the respondent may question jurisdiction or venue. The complaint should clearly state where the check was issued, delivered, deposited, or dishonored.

8. Assuming payment after the 5-day period automatically erases the case

Payment after the 5-banking-day period may affect the civil liability, settlement discussions, or penalty considerations, but it does not automatically erase criminal liability in the same way as full payment within the statutory 5-banking-day period.

Special situations: companies, OFWs, and foreigners

Corporate checks

If the check was issued by a corporation, partnership, association, or other entity, BP 22 states that the person or persons who actually signed the check on behalf of the entity are the ones liable under the law. (Supreme Court E-Library)

For complainants, this means the complaint should identify:

The company or business involved;
The signatory or signatories;
Their position, if known;
The circumstances showing that they signed and issued the check.

For accused signatories, it is not enough to assume that “the company owes the money.” The actual act of signing and issuing the check is legally important.

OFWs and complainants abroad

A Filipino abroad may still pursue a BP 22 complaint in the Philippines, but documents must be prepared carefully. If affidavits, special powers of attorney, or authorizations are signed abroad, they may need notarization through a Philippine Embassy or Consulate, or notarization and apostille/legalization depending on where the document is executed and where it will be used.

In practical terms, the person abroad should coordinate early because authentication, courier delivery of original documents, and scheduling with consular offices can take time. The original check and bank documents are usually still needed in the Philippines.

Foreign complainants or foreign-owned businesses

Foreigners can be complainants in BP 22 cases if they are the payee, holder, authorized representative, or proper party connected to the dishonored check. The main practical issues are usually not citizenship, but documentation:

Who has authority to sign the complaint?
Are the affidavits notarized properly?
Are foreign corporate documents authenticated or apostilled if needed?
Is the representative in the Philippines properly authorized?

Foreign documents intended for use in the Philippines may require apostille or consular legalization depending on the country of origin and applicable rules. (DivinaLaw)

Practical BP 22 timeline example

Assume the following facts:

Event	Date
Check date	January 10, 2026
Check deposited	January 20, 2026
Check dishonored	January 21, 2026
Written demand letter received by issuer	February 3, 2026
No holidays in between	Assumed

The 90-day presentment requirement is likely satisfied because the check was deposited on January 20, 2026, which is within 90 days from January 10, 2026.

For the 5 banking days:

Banking day	Date
Day 1	February 4, 2026
Day 2	February 5, 2026
Day 3	February 6, 2026
Day 4	February 9, 2026
Day 5	February 10, 2026

If the issuer does not pay or make acceptable arrangements by the end of February 10, 2026, the complainant may prepare to file the BP 22 complaint. The complainant should not wait years. The more time passes, the more difficult it can become to locate the respondent, prove receipt, gather bank records, and keep witnesses available.

Frequently Asked Questions

How long do I have to file a BP 22 case in the Philippines?

The usual prescriptive period for BP 22 is 4 years, because BP 22 is a special law offense with a penalty of imprisonment of up to one year. But you should also comply with the 90-day presentment period and the written notice requirement. Do not treat the 4-year period as permission to delay. (Supreme Court E-Library)

Is the BP 22 deadline 90 days or 4 years?

Both periods matter, but they refer to different things. The 90-day period refers to presenting the check to the bank from the date of the check. The 4-year period refers to the usual deadline for filing the criminal complaint before prescription becomes an issue.

What happens if I deposited the check after 90 days?

The case may become harder because the legal presumption of knowledge of insufficient funds may not arise. The complainant may need other evidence to prove the issuer’s knowledge. If possible, always present the check within 90 days from its date.

Is a text message enough notice for BP 22?

A text message alone is risky. The Supreme Court has required written notice of dishonor and proof that the accused actually received it. Oral notice is not enough. A formal written demand letter with proof of actual receipt is much safer. (Supreme Court E-Library)

When do the 5 banking days start?

The 5 banking days start after the issuer actually receives the written notice of dishonor. The day of receipt is generally not counted. Weekends, holidays, and non-banking days are not counted as banking days.

Can I file BP 22 if the issuer paid after receiving the demand letter?

It depends on when and how payment was made. If the issuer fully paid or made acceptable arrangements within 5 banking days from receipt of written notice, that can be a complete defense. If payment was made only after the 5-banking-day period, it may reduce or settle the civil liability, but it does not automatically erase criminal exposure.

Can BP 22 be filed against a company?

A check may be issued by a company, but BP 22 makes the actual signatory or signatories liable when the check is drawn by a corporation, company, or entity. The complaint should identify the person who signed the check and the facts showing their role. (Supreme Court E-Library)

Do I need to file a barangay complaint first?

It depends on the parties and location. Barangay conciliation may become relevant when the parties are natural persons residing in the same city or municipality and the dispute falls within barangay jurisdiction. It is usually not applicable in the same way when a corporation is involved, when a party is not a resident of the same city or municipality, or when other legal exceptions apply. The 2022 expedited rules also recognize failure to comply with barangay conciliation, when required, as a procedural issue that may be raised. (Supreme Court of the Philippines)

Can an OFW file a BP 22 case while abroad?

Yes, but the OFW will usually need properly notarized or authenticated documents, a representative in the Philippines, and the original check and bank documents. If affidavits or authorizations are signed abroad, consular notarization, apostille, or legalization requirements may apply depending on the country and document.

Can the accused go to jail for BP 22?

BP 22 itself allows imprisonment, fine, or both, although Supreme Court circulars have encouraged courts in appropriate cases to consider fines rather than imprisonment, depending on the facts. Imprisonment has not been completely removed from the law. (Supreme Court E-Library)

Key Takeaways

BP 22 is the Philippine law covering bounced checks issued with insufficient funds or credit.
The check should be presented to the bank within 90 days from the date of the check.
A written notice of dishonor must be received by the issuer; oral notice is not enough.
The issuer has 5 banking days from receipt of written notice to pay or make arrangements.
Full payment or acceptable arrangement within the 5-banking-day period can be a complete defense.
The usual prescriptive period for filing a BP 22 criminal complaint is 4 years.
Current Supreme Court doctrine recognizes that filing the complaint with the prosecution office may toll prescription prospectively under the clarified rules.
Keep the original check, bank return documents, demand letter, and proof of actual receipt.
Multiple bounced checks should be tracked separately because each check may have its own deadlines.
Filing early, with complete documents and a clear timeline, is the safest way to avoid deadline and proof problems.