Bounced Checks in the Philippines: Filing a B.P. 22 or Estafa Case to Recover Money

This is general information, not legal advice. If you’re dealing with an actual case, talk to a Philippine lawyer right away.

The big picture

When a check bounces in the Philippines, you usually have two criminal paths (plus civil remedies) to pressure payment and recover what’s due:

B.P. Blg. 22 (“Bouncing Checks Law”) – punishes the mere issuance of a worthless check. It’s malum prohibitum: intent to defraud isn’t required.
Estafa (Art. 315(2)(d), Revised Penal Code) – punishes deceit: issuing or post-dating a check to induce you to part with money/property, knowing there are no funds (or failing to fund the check after notice). Deceit and damage are essential.

You can file both; they’re different offenses with different elements. Prosecutors and courts routinely allow parallel B.P. 22 and estafa complaints arising from the same bounced check. You can’t collect twice for the same loss, but running both cases can increase leverage to recover.

Quick comparison

Topic	B.P. 22	Estafa (Art. 315(2)(d))
What’s punished?	Issuing a check that bounces (NSF/DAIF/DAUD/Account Closed, etc.)	Deceit: issuing/postdating a check to obtain money/property, then it bounces
Need to prove deceit?	No (malum prohibitum)	Yes (deceit/false pretense + you relied + you suffered damage)
Notice & grace period	Written notice of dishonor and failure to pay within 5 banking days creates presumption of knowledge of insufficient funds	Notice of dishonor and failure to deposit within 3 days creates presumption of deceit
If check was for a pre-existing debt	Still generally punishable	Usually no estafa (no inducement), unless there’s separate deceit
Venue	Where the check was issued/delivered or where it was dishonored (drawee bank)	Any place where an essential element occurred (where deceit/issuance happened or you parted with money)
Court	First Level Courts (MTC/MTCC/MCTC)	Depends on the penalty (amount defrauded); often RTC for higher amounts
Penalty (high level)	Fine and/or imprisonment (courts often prefer fines in proper cases, but jail is legally available)	Scales with amount under R.A. 10951 (2017 amendments)

Key practical takeaway: If you received a bounced check, send written notice immediately (see samples below). Those 3-day and 5-day clocks matter a lot.

Elements you must prove

A) B.P. 22 (Bouncing Checks Law)

The accused made/drew/issued a check to apply on account or for value (delivery matters).
The check was dishonored by the bank for insufficient funds/credit (or would have been, but drawer ordered a stop-payment without valid cause).
At the time of issuance, the drawer knew of the insufficiency.
- Presumption: If the drawer receives written notice of dishonor and fails to pay the amount or arrange payment within 5 banking days, the law presumes knowledge.
- Important: Courts look for proof of the drawer’s actual receipt of the written notice (e.g., registry return card, courier proof of delivery, or admission).

Notes:

It doesn’t matter if the check was “just a guarantee” or “security”; B.P. 22 still applies.
Issuance/delivery is essential; a signed but undelivered check generally won’t do.
Payment after the 5-day window does not erase criminal liability (though it helps on penalties and civil liability).

B) Estafa by postdating/issuing a check (Art. 315(2)(d))

The accused postdated/issued a check to induce you to part with money/property (or to cause you to alter your position).
The accused knew at issuance there were no funds/credit, or failed to deposit within 3 days from notice of dishonor (statutory presumption of deceit).
You relied on the check (causal link) and suffered damage.

Notes:

If the check was simply given after the debt already existed and there was no deceit, estafa typically fails (but B.P. 22 may still succeed).
Later novation/settlement doesn’t automatically extinguish criminal liability; it can reduce or satisfy civil liability.

Jurisdiction, venue, and prescription

Venue (B.P. 22): File where the check was issued/delivered or dishonored (drawee bank location).
Venue (Estafa): File where any essential element occurred—e.g., where deceit happened, where the check was handed over, or where you delivered the money/property.
Which court?
- B.P. 22: First Level Courts (MTC/MTCC/MCTC) handle it (maximum penalty doesn’t exceed 6 years).
- Estafa: Depends on the imposable penalty, which scales with the amount (as amended by R.A. 10951). Larger amounts mean heavier penalties and RTC jurisdiction.
Prescription (time limits):
- B.P. 22: Generally 4 years (special law). The clock typically starts on dishonor, and filing a complaint with the prosecutor interrupts prescription.
- Estafa: Prescriptive period depends on the imposable penalty (often 10 or 15 years under Article 90 RPC). Because it hinges on amount/penalty, get counsel to compute precisely for your case.

Penalties (what to expect)

B.P. 22: Imprisonment and/or fine (often pegged to the check amount; courts have guidance encouraging fines in appropriate cases, but imprisonment remains available). Paying your obligation can mitigate, but isn’t a guaranteed shield from conviction.
Estafa (Art. 315(2)(d)): Penalties scale with the amount defrauded, as recalibrated by R.A. 10951 (2017). The higher the amount, the stiffer the penalty. There may be incremental penalties beyond certain thresholds. Because the brackets are technical and were updated, have a lawyer compute the exact range for your amount.
Civil liability: In either criminal case, courts can order the accused to pay the amount due, plus interest and damages. A common benchmark for legal interest on monetary obligations is 6% per annum (often from demand or filing, subject to court discretion).

Civil routes to recover money (with or without criminal cases)

You don’t need to rely only on criminal law to get paid:

Small Claims – If your claim is purely for a sum of money (e.g., face value of the check), you can file a small claims case in the MTC (no lawyers required). The ceiling has been raised in recent years (commonly understood to be up to ₱1,000,000), but confirm the current limit and fees in your court station.
Ordinary Civil Action for Sum of Money – If above small-claims limits, file in the proper court. You can also seek preliminary attachment (with bond) if statutory grounds exist (e.g., fraud in contracting the obligation).
Civil aspect inside the criminal case – If you reserve it, you may file separately; otherwise, the court can award civil liability within the criminal case.

Strategy tip: Many creditors file B.P. 22 + (sometimes) Estafa, and a civil case (small claims or ordinary collection). Criminal pressure + civil execution remedies often prompt payment or settlement.

Proof and paperwork (what you must gather)

Original bounced check(s) (with bank stamps: DAIF/NSF/DAUD/Account Closed).
Bank return slip or certification of dishonor.
Proof of issuance & delivery (invoices, receipts, acknowledgment, messages, witness).
Written notice of dishonor you sent to the drawer (see samples), plus proof of receipt:
- Registered mail registry receipt + return card,
- Courier delivery proof, or
- Personal service with signed acknowledgment.
Demand letter for payment (can be in the same notice).
Your ID and Complaint-Affidavit (narrating facts + attaching exhibits).
If payee is a company: Board/Secretary’s Certificate authorizing the representative to file.
If the check signer signed for a corporation: still attach proof identifying the individual signatory and the circumstances of delivery.

How to file (step by step)

Send written notice of dishonor immediately
- Give the drawer 3 banking days (estafa presumption) to deposit and 5 banking days (B.P. 22 presumption) to pay/arrange payment.
- Use registered mail with return card or reputable courier—proof of actual receipt matters.
Prepare your Complaint-Affidavit(s)
- One B.P. 22 complaint (focus on issuance + dishonor + notice + non-payment within 5 days).
- One Estafa complaint (if deceit applies; focus on inducement + reliance + damage + 3-day failure to deposit).
- Attach all evidence as annexes, properly labeled.
File with the Office of the City/Provincial Prosecutor
- File where venue is proper (see above). Pay any documentary or certification fees the office may require.
- For B.P. 22, formal preliminary investigation isn’t mandatory (penalty under 4y2m1d), but prosecutors typically conduct summary PI.
- For estafa with higher penalty exposure, a preliminary investigation is standard.
Prosecutor’s proceedings
- The respondent may file a Counter-Affidavit and evidence.
- If probable cause is found, the prosecutor files an Information in court.
Court stage
- Arraignment, then pre-trial and trial.
- You can present civil claims in the criminal case (unless reserved).
- If convicted, the court can impose penalty and civil liability (restitution, damages, interest).
Enforcement
- On a civil judgment (whether from a civil case or the civil aspect of the criminal case), seek writ of execution; recover via levy/garnishment against the debtor’s assets.
- Voluntary settlement (e.g., cash or manager’s check) can be documented via compromise and submitted to the court for approval.

Common defenses you’ll encounter (and how they matter)

“No notice received.”
- For B.P. 22 and the 3-day/5-day presumptions, actual receipt of written notice is key. Keep airtight service proof.
“Check was a mere guarantee/security.”
- That argument fails under B.P. 22. It might defeat estafa (no deceit), but not the bouncing-check offense.
“There was a stop-payment order.”
- B.P. 22 still bites if the check would have bounced for insufficiency and the stop-payment lacked valid cause.
“We settled / I replaced the check.”
- May reduce/erase civil liability and mitigate penalties, but generally doesn’t automatically extinguish criminal liability already committed.
“It wasn’t my signature / the check was stolen.”
- A genuine factual defense—this goes to issuance and identity. Handwriting/forensic proof can matter.
“There was no deceit.”
- This targets estafa (not B.P. 22). If the check came after a pre-existing debt, estafa often fails.

Practical tips that win cases

Serve notice to multiple addresses you can justify: the address on the check, last known residence, registered business address—and keep all delivery proofs.
Bank certifications help: ask the bank for a brief certification stating the reason for dishonor (NSF/DAIF/Account Closed, etc.).
Timeline is your friend: a clean chronology (transaction → issuance → deposit → dishonor → notice → non-payment) convinces prosecutors.
Aggregate evidence of deceit for estafa: messages where the drawer promises funding, admissions of no funds, “issuance to induce” language, etc.
Consider small claims in parallel for straightforward recovery—especially if you don’t need criminal pressure to get paid.
Corporate drawers: Sue the signatory criminally; include the corporation for civil liability where appropriate.

Templates you can adapt

1) Notice of Dishonor & Demand (for B.P. 22)

Date Name of Drawer Address

Re: Dishonored Check – Demand for Payment under B.P. Blg. 22

Dear Mr./Ms. : On [date], you issued **Check No. [__]** dated **[___]**, drawn against [Bank/Branch], in the amount of ₱[amount] payable to [me/us]. On [date of presentment], the check was dishonored for [e.g., “Drawn Against Insufficient Funds (DAIF)”], as shown by the bank stamp/return slip attached. Pursuant to B.P. Blg. 22, you are hereby notified in writing of the dishonor and demanded to pay the full amount of the check within five (5) banking days from your receipt of this letter, or to make arrangements for full payment acceptable to us. Please settle at [payment instructions]. Failure to do so will constrain us to file criminal and civil actions to protect our rights.

Very truly yours, [Name / Position] [Contact details] Enclosures: copy of check (front/back), bank return slip/certification

(Serve by registered mail with return card, reputable courier with delivery proof, or personal service with signed acknowledgment.)

2) Notice for Estafa Presumption (3-day funding)

Date Name of Drawer Address

Re: Dishonored Check – 3-Day Deposit under Art. 315(2)(d) RPC

Dear Mr./Ms. : This refers to **Check No. [__]** dated **[___]** for ₱[amount], issued to induce us to [release goods/extend loan/etc.]. The check was dishonored on [date] for [reason]. Under Article 315(2)(d) of the Revised Penal Code, you are required to deposit/fund the check within three (3) days from your receipt of this notice. Kindly deposit/fund the check or pay the amount not later than [insert date = receipt + 3 banking days]. Otherwise, we shall consider filing estafa and related civil actions.

Very truly yours, [Name / Position]

(You may combine both notices in one letter—just clearly state both the 3-day and 5-day demands and keep impeccable service proof.)

FAQs

Can I sue under both B.P. 22 and estafa? Yes. They protect different interests and require different elements. Filing both is common; just don’t expect double recovery.

If the check was a “security check,” can I still file? B.P. 22: yes. Estafa: often no, unless you can prove a separate deceit that induced you to part with money/property.

Does payment after the notice save the issuer from jail? Payment can stop you from filing, or mitigate penalties/civil liability if already filed. But once the crime is complete, late payment doesn’t automatically erase criminal liability.

Do I need barangay conciliation first? It depends on residences and the nature/penalty of the offense. Many B.P. 22/estafa complaints proceed directly with prosecutors. When in doubt, ask the prosecutor’s office or get counsel to avoid dismissals for non-compliance.

What interest can I ask for? Courts often grant 6% per annum legal interest on monetary awards (commonly from demand or from filing/judgment—court’s call).

Sensible action plan (checklist)

Deposit the check promptly; secure bank dishonor proof.
Send written notice(s)—keep airtight receipt proof.
Assemble evidence (check, transactions, messages, IDs).
File B.P. 22 (and estafa if deceit applies) with the proper prosecutor.
Consider Small Claims/civil collection in parallel for faster money judgment.
Push for settlement with safe payment modes (cash/manager’s check).
If you win, execute the judgment (levy/garnish).

Final word

Bounced-check cases are won on paperwork and timelines: the check itself, the bank’s stamp, the notice of dishonor served and received, and a clean story of issuance → dishonor → notice → non-payment. If you line those up, B.P. 22 gives you strong leverage; add estafa when you can prove deceit and reliance. For exact penalty brackets (estafa) and any recent rule tweaks (e.g., small-claims limits), consult a local lawyer or your prosecutor’s office.