Bouncing Checks (BP 22) Complaint in the Philippines — Everything You Need to Know

Practical, black-letter overview for complainants and accused. This is general information, not legal advice.

1) What BP 22 Punishes

Batas Pambansa Blg. 22 (“BP 22”) makes it a crime to make, draw or issue any check to apply on account or for value, knowing at the time of issue that the drawer does not have sufficient funds or credit with the bank for full payment upon presentment, and the check is dishonored when presented.

Elements (what prosecution must prove)

Issuance: The accused made/drew/issued a check to apply on account or for value (e.g., to pay a debt, price, loan).
Knowledge of insufficiency at the time of issuance.
Dishonor by the bank for insufficient funds, account closed, or stop payment with insufficient funds.
Failure to pay within 5 banking days after receiving written notice of dishonor.

BP 22 is malum prohibitum: intent to defraud is not required. Good faith, lack of deceit, or absence of consideration generally do not excuse criminal liability (though they can matter in a separate estafa case—see §12).

2) Presumptions & Time Windows That Matter

90-day presentment: A check must be presented within 90 days from its date (or issue); otherwise, the statutory presumption of knowledge may not arise.
Knowledge presumption: If the check bounces for insufficient funds or account closed and was timely presented, the law presumes the drawer knew of the insufficiency.
5 banking days to cure: If the drawer pays in full within 5 banking days from receipt of the written notice of dishonor, it negates criminal liability under BP 22 for that check (civil liability may remain).

3) Notice of Dishonor — Make or Break

Written notice to the drawer is essential. Without actual receipt (or legally recognized proof of receipt), BP 22 usually fails.

How to do it right (for complainants):

Use a written demand/notice of dishonor, identify the check(s) (number, date, bank, amount), state the bank’s reason for dishonor, and give 5 banking days to pay.
Serve personally (obtain a signed acknowledgment) or by registered mail to the drawer’s last known address (keep the registry receipt and return card). Courier with proof of delivery can help but registered mail remains safest.
Keep all paper trail: demand letter, registry receipts, return cards, courier proof, messenger’s affidavit, etc.

4) Penalties & Civil Liability

Imprisonment: 30 days to 1 year for each check; or
Fine: At least equal to but not more than double the amount of the check; or both, at the court’s discretion.
Civil liability: Courts typically order payment of the face amount, legal interest, and possibly damages and costs.

Practical notes:

Courts often prefer fine over jail in BP 22 (policy-level guidance), especially upon full restitution; imprisonment remains legally available.
Probation is generally available if the sentence qualifies; courts commonly tie probation conditions to full payment.

5) Where to File (Venue) & Which Court

Venue can lie where the check was issued, delivered, deposited, or dishonored (any place with a material act).
BP 22 cases are filed in the first-level courts (MeTC/MTCC/MCTC) having jurisdiction over the chosen venue.

Barangay conciliation: Typically not required as a pre-condition, because BP 22 carries penalties/fines beyond the Katarungang Pambarangay threshold; and criminal offenses of this nature are generally exempt.

6) How a BP 22 Criminal Complaint Proceeds

A. Prosecutor Stage (Pre-Court)

Prepare a Complaint-Affidavit (see §7) and attach evidence.
File with the Office of the City/Provincial Prosecutor in the proper venue.
Preliminary Investigation:
- Prosecutor issues subpoena to the respondent with the complaint and annexes.
- Counter-Affidavit and reply rounds.
- Resolution (dismiss or file Information in court).

B. Court Stage

Information filed; court issues summons or warrant (bail is generally available).
Arraignment → Pre-trial (consider mediation/settlement).
Trial (often continuous trial rules apply; BP 22 is typically fast-tracked).
Judgment → Appeal if necessary.
Execution of civil aspect (garnishment, levy, etc.) if unpaid.

7) Checklist — Evidence You Need (Complainant)

Original checks (or bank-issued certified copies).
Bank return slip/memo showing reason for dishonor (“DAIF,” “Account Closed,” “Stop Payment,” etc.).
Proof of timely presentment (within 90 days) — e.g., bank stamp dates, deposit slips.
Written notice/demand + proof of receipt by the drawer (personal acknowledgment; or registry receipts + return cards; or other documented proof).
Underlying transaction documents (sales invoice, loan agreement, contract, delivery receipts) to show “for value.”
IDs/TIN of parties; corporate proofs (board resolution/SPA) if a company is complainant.
Computation of amounts due, interest, and damages (if claiming civil relief in the criminal case).

8) Defenses Commonly Raised (Respondent)

No issuance / forged signature (genuine issue of authorship).
No value / accommodation check is not a defense to BP 22 per se, but can affect civil aspects.
No written notice or no actual receipt of the notice of dishonor (burdens the prosecution).
Payment within 5 banking days from receipt of written notice (complete defense).
Presentment beyond 90 days from the check date (undercuts statutory presumptions).
Sufficient funds at presentment (bank error; documentary proof required).
Stop payment with sufficient funds and with valid cause (e.g., check lost; material breach by payee).
Wrong venue (move to dismiss or quash).
Corporate signatory without personal issuance? Liability in BP 22 attaches to the signatory-issuer; disputes on who “issued” can be raised factually.
Prescription: BP 22 cases generally prescribe in 4 years from the completion of the offense (often reckoned from the expiry of the 5-banking-day period after notice), subject to tolling by filing for preliminary investigation.

9) Relationship With Civil Claims

The criminal case includes the civil action for the amount of the check by default, unless the complainant waives or reserves the civil action (Rule 111).
You may sue civilly (collection) without filing BP 22, or alongside it (observing the reservation rule).
Payment of the face value does not automatically extinguish criminal liability if made after the 5-day window—though it can mitigate penalties and facilitate settlement.

10) BP 22 vs. Estafa (Art. 315(2)(d), RPC)

Aspect	BP 22	Estafa (Deceit)
Nature	Malum prohibitum (regulatory)	Malum in se (requires deceit)
Core act	Issuing a check that bounces	Issuing a check to defraud (induce parting with property)
Notice	Written notice + 5-day grace crucial	Not an element
Defenses	Payment within 5 days bars liability	Later payment = mitigation, not a bar
Can both be filed?	Yes, because different elements (no double jeopardy).	Same act may support both cases.

11) Corporate Checks & Personal Liability

If a corporate officer signs the check, the signatory can be prosecuted under BP 22 (the corporation isn’t jailed; the case targets the issuer).
Corporate board resolutions/SPAs matter for complainants; for accused, policies/authority may figure in defenses but do not by themselves defeat issuance.

12) Practical Strategies — Complainants

Sequence: present within 90 days → secure bank memo → send written notice with provable service → wait 5 banking days → if unpaid, file with prosecutor promptly (mind prescription).
Bundle your proofs neatly; prosecutors dismiss BP 22 cases without proper notice proof.
Consider parallel civil action for pre- and post-judgment remedies (e.g., attachments), or simply pursue civil aspect within the criminal case.
Be open to settlement; courts commonly impose fine-only upon full payment.

13) Practical Strategies — Accused

Move fast upon receiving demand: pay within 5 banking days to avert BP 22 liability.
Keep envelopes/receipts: If you never actually received the notice, preserve proof (e.g., wrong address, no claim, different signature).
Check the 90-day rule and prescription timelines.
Explore settlement / plea options; seek probation on conviction to avoid jail and schedule payment.
For estafa exposure, assess the original transaction and communications for deceit allegations.

14) Drafting A Solid BP 22 Complaint-Affidavit (Template Guide)

A. Parties & Capacity

Names, addresses, TINs; corporate authority if applicable.

B. Transaction Facts

Why the check was issued (“for value”)—contract, loan, delivery.

C. The Checks

List number, bank/branch, date, amount for each; attach copies.

D. Presentment & Dishonor

When/how presented; bank stamp/memo stating “DAIF,” “Account Closed,” etc. Attach.

E. Written Notice & 5-Day Period

Quote the demand letter; show service method (personal/registered mail); attach proofs; state that 5 banking days elapsed without full payment.

F. Prayer

Criminal prosecution under BP 22 and civil indemnity (face value, interest, damages, costs).

Attachments

Copies of checks; bank return memos; demand letter; registry receipts + return cards / acknowledgments; underlying contract/invoices; IDs; computation of claims.

15) Sentencing, Settlement, and Post-Judgment

Courts may impose fine only (especially on first-time offenders and upon full restitution).
Installment payments can be built into probation terms or compromise.
If convicted, appeal is available; execution of the civil award can proceed on finality unless superseded by a bond or stayed by rule.

16) FAQs

Q: I paid after the 5-day window—case dismissed? A: Not automatically. Payment within 5 banking days is what bars BP 22. Later payment helps mitigate or settle but doesn’t erase the crime.

Q: The payee never consulted me—no case? A: Consultation isn’t required; proper written notice and failure to pay within 5 banking days are.

Q: The check was post-dated 8 months ago; can they still file? A: Presentment beyond 90 days weakens the case; still, assess notice and timelines (including prescription).

Q: Can they also file estafa? A: Yes; different elements. You can defend both; you can’t be paid twice for the same loss on the civil side.

Q: Do we need to go to the barangay first? A: Typically no, BP 22 cases are exempt from barangay conciliation prerequisites.

17) Quick Reference — Timelines

Presentment: within 90 days from check date/issue.
Notice to drawer: asap after dishonor; start the 5 banking days cure period.
Prescription: generally 4 years from completion of the offense (often from the end of the 5-day window), tolled by filing for preliminary investigation.

Bottom Line

A BP 22 case stands or falls on paperwork and timelines: timely presentment, bank dishonor memo, written notice actually received by the drawer, and the drawer’s failure to pay within 5 banking days. For complainants, build the record before filing. For accused, act within 5 days or scrutinize notice, 90-day presentment, venue, and prescription. Settlement is common; courts often impose fine + full restitution, with probation if warranted.

If you want, tell me your role (complainant or accused), the dates (issuance, presentment, notice, and payment attempts), and I’ll map your viability/defense timeline and draft a complaint-affidavit or counter-affidavit outline tailored to your facts.