Disclaimer: This is a general legal-information article based on Philippine law and common practice. Laws, rules, and local procedures may change and can vary by prosecutor’s office and court.

1) What BP 22 Is (and What It Is Not)

Batas Pambansa Blg. 22 (BP 22) penalizes the making, drawing, and issuance of a check that is later dishonored by the bank for insufficient funds/credit (or certain stop-payment situations). It is often called the “Bouncing Checks Law.”

A key point in Philippine practice: BP 22 punishes the act of issuing a worthless check, not the non-payment of the underlying debt by itself. This matters because:

Even if the check was issued for a real debt, the criminal case focuses on the check issuance + dishonor + required notice, not the broader business dispute.
Even if you later pay, the civil obligation may be settled, but criminal liability is not automatically erased (though payment can affect outcomes, including sentencing and the civil aspect).

2) Checks Covered (Common Scenarios)

BP 22 generally applies to checks as understood in Philippine commercial law (a bill of exchange drawn on a bank payable on demand). In real-world disputes, these are common situations:

a) Post-dated checks (PDCs)

Post-dated checks are still checks. BP 22 issues often arise when PDCs are deposited on/after the date on the face of the check and get dishonored.

b) Checks issued for:

Payment of a purchase/service
Payment of a pre-existing obligation
Guarantee/security (e.g., “security check,” “as collateral,” “just to ensure payment”)

Courts have frequently treated “security” or “guarantee” checks as still capable of triggering BP 22 exposure when dishonored, depending on the facts and proof.

c) Corporate checks

A corporation acts through officers. In BP 22 practice, the signatory/signatories of the check are usually the respondents/accused (not the corporation “as a person” for the criminal charge), while the corporation may still be relevant to the civil liability story.

d) Joint checks / multiple signatories

Liability typically follows who signed and issued the check.

e) Stop-payment orders

BP 22 can apply even if the drawer orders a stop payment, especially if the stop payment is without a valid reason and the check would otherwise have been dishonored due to insufficient funds/credit. The factual reason for stop payment becomes important.

3) The Core Elements of a BP 22 Offense

While wording and case framing vary, a workable way to understand the prosecution’s burden is:

Making/drawing/issuing a check to apply on account or for value
Knowledge at the time of issuance that the issuer has insufficient funds or credit with the bank for payment in full upon presentment
The check is dishonored upon presentment for insufficient funds/credit (or equivalent covered grounds), or would have been dishonored for the same reason in certain stop-payment situations

“Issuance” usually requires delivery

A signed check that was never delivered to the payee/holder (e.g., stolen checkbook situation) raises serious factual defenses.

4) Timing Rules That Matter a Lot

a) Presentment within the statutory period

BP 22 is typically tied to the requirement that the check be presented to the bank within a limited period from the date on the check (commonly understood as 90 days from the date appearing on the check). Late presentment can become a major defense issue.

b) The 5-banking-day window after notice of dishonor

BP 22 contains a powerful rule on prima facie evidence of knowledge: if, after receiving notice of dishonor, the issuer fails to pay the amount of the check (or make arrangements for payment in full with the drawee) within five (5) banking days, that failure becomes prima facie evidence that the issuer knew of insufficient funds/credit.

This is why the notice of dishonor is often the battleground in BP 22 cases.

5) Notice of Dishonor: The Most Common Make-or-Break Requirement

In practice, many BP 22 cases succeed or fail on proof of notice of dishonor.

What the notice should do

A proper written notice typically:

Identifies the check (check number, date, amount, drawee bank/branch)
States the check was dishonored and the reason (attach bank return slip/certification if possible)
Demands payment of the amount of the check
Gives a clear statement that non-payment within the statutory period can result in legal action

How it is commonly served

Because proof of receipt is crucial, complainants commonly use:

Personal service with a signed acknowledgment (name, signature, date/time received), or
Registered mail to the last known address with proof of delivery (e.g., registry receipt + return card/other delivery proof), or
A reputable courier with clear delivery documentation (practice varies; what matters is credible proof of receipt)

Practical reality: Many dismissals/acquittals happen when the prosecution cannot prove that the accused actually received notice (or received it in a way the court accepts as proven).

6) What Documents Usually Matter (Evidence Checklist)

When preparing a BP 22 complaint, these are the usual core attachments:

Original check(s) (or explanation + competent secondary evidence if the original is unavailable)
Bank return slip / dishonor memo showing the reason (e.g., DAIF/insufficient funds)
Bank certification of dishonor (often requested by prosecutors and useful for court)
Copy of the written notice of dishonor/demand letter
Proof of service and receipt of notice (signed acknowledgment, registry return card, courier delivery proof, etc.)
Complainant’s affidavit narrating:
- the transaction/background
- receipt of the check
- presentment and dishonor
- service of notice and non-payment within the period
Supporting documents for context (not always required but often helpful):
- invoices, contracts, delivery receipts, acknowledgment receipts, promissory notes, messages confirming issuance, etc.

For multiple checks, each check is commonly treated as a separate count/offense, though they may be filed together depending on venue and prosecutorial practice.

7) Step-by-Step: BP 22 Complaint Procedure (Philippine Practice)

Below is the usual flow from “check bounced” to “case filed,” with realistic branch points.

Step 1: Deposit/present the check and obtain proof of dishonor

Present the check to the drawee bank within the allowable period.
Secure the dishonor memo/return slip and, when possible, a bank certification indicating the check was dishonored and the reason.

Step 2: Send a written notice of dishonor/demand to the issuer

Serve it in a manner that creates strong proof of receipt.
Keep copies of everything (letter, envelope details if mailed, receipts, tracking, return card).

Step 3: Count the statutory period (5 banking days) from receipt of notice

The 5-banking-day period is counted from when the issuer received the notice.
If the issuer pays within the period (or makes acceptable arrangements for payment in full with the drawee), it can seriously undercut the BP 22 case.

Step 4: Choose where to file and prepare the complaint package

Where you file depends on local practice and the procedural route:

Route A: File with the Office of the City/Provincial Prosecutor

Many complainants file a criminal complaint-affidavit with attachments.
The prosecutor’s office typically issues a subpoena to the respondent to submit a counter-affidavit.
A resolution is issued whether probable cause exists and whether an Information should be filed.

Route B: File directly in the proper first-level court (MTC/MTCC/MCTC)

BP 22 cases are commonly handled in the first-level courts and are frequently treated under summary-type procedures where affidavits are central.
Even when direct filing is legally allowed, local practice sometimes expects prosecutor screening first. The safest approach in practice is to check the filing workflow observed in the locality—but the legal concepts (venue, proof, notice) remain the same.

Step 5: Respondent’s counter-affidavit and possible clarificatory hearing

The respondent typically denies elements, attacks notice/proof, disputes delivery/issuance, or claims valid stop-payment reasons.
Prosecutors may set a clarificatory hearing; courts may proceed with pre-trial/trial steps depending on the route.

Step 6: Finding of probable cause and filing of Information (if prosecutor route)

If probable cause is found, the prosecutor files an Information in court.
The case proceeds to arraignment and trial (often affidavit-heavy), with bail generally available.

8) Venue and Jurisdiction (Where the Case Can Be Filed)

A recurring litigation issue is venue—filing in the wrong place can be fatal.

Under Philippine criminal procedure principles, venue is generally tied to where the offense or any essential element occurred. For BP 22, litigation often focuses on:

Where the check was issued/delivered (issuance commonly includes delivery), and/or
Where the check was dishonored (i.e., location of the drawee bank/branch)

Because facts differ (delivery place, bank branch location, where parties transacted), good practice is that the complaint and affidavits should clearly allege the relevant places tied to the elements.

9) Penalties and Sentencing Realities

The statutory penalty under BP 22 is generally:

Imprisonment (commonly stated as 30 days to 1 year), or
Fine (often up to double the amount of the check, subject to a statutory cap), or
Both, at the court’s discretion

Sentencing trend in practice: Philippine courts have long been guided by Supreme Court issuances and jurisprudence that often favor imposition of a fine rather than imprisonment in appropriate cases (without eliminating the possibility of jail in aggravated situations). The facts—bad faith indicators, repeated violations, large-scale abuse—can influence outcomes.

10) Civil Liability: Collection of Money vs. Criminal Prosecution

Even when BP 22 is filed, the complainant is usually primarily seeking payment.

Key points:

The civil aspect (payment of the amount, plus possible interest/damages depending on proof) is often pursued within the criminal case unless it is reserved/waived under applicable rules.
A separate civil case for collection may be filed, including possible use of small claims if the amount and nature of the claim fit within the Supreme Court’s current small claims framework (thresholds and coverage have been amended over time).

Important practical point: Settlement/payment can resolve the civil dispute, but it does not automatically erase the criminal case. It can, however, affect prosecutorial posture, complainant participation, and sentencing considerations.

11) BP 22 vs. Estafa (Swindling) Using a Bounced Check

A bounced check scenario can implicate:

BP 22 (special law focusing on issuance of a worthless check), and/or
Estafa under the Revised Penal Code (which requires additional elements such as deceit and damage, with timing and reliance issues)

They are not identical offenses. It is possible in some fact patterns for complainants to consider both, but estafa typically requires proof of deceit and that the complainant relied on the fraudulent act in a way that caused damage. BP 22 often has a more straightforward evidentiary framework centered on the check, dishonor, and notice.

12) Common Defenses (What Respondents Usually Raise)

These defenses frequently decide BP 22 cases:

No valid proof of receipt of notice of dishonor
Payment or arrangement for payment in full within 5 banking days from receipt of notice
Late presentment (check not presented within the statutory period)
Dishonor reason not covered by BP 22 (e.g., technical defects unrelated to insufficiency/credit may change the analysis)
No issuance/delivery (check was not actually issued to complainant; stolen or never delivered)
Forgery / unauthorized signature
Venue improperly laid (case filed in a place with no essential element alleged/proven to have occurred there)
Stop-payment with a valid reason (fact-intensive and depends on proof)

Because BP 22 is document-driven, the side with cleaner paper trail—especially on notice and proof of receipt—often has the advantage.

13) Practical Drafting Notes (What a Strong Complaint Affidavit Usually Contains)

A well-structured complaint-affidavit typically states in chronological order:

Parties’ identities and relationship/transaction background
Exact details of the check(s): number, date, amount, bank/branch, payee
When/how the check(s) were received (delivery/issuance facts)
When/how the check(s) were presented and dishonored + reason
That written notice of dishonor was sent and received (with dates)
That the issuer failed to pay within five banking days from receipt (or refused/ignored)
The relief sought (criminal prosecution and civil payment)

Attachments are identified and marked (Annex “A,” “B,” etc.) consistently with the affidavit narrative.

14) The Big Takeaways

BP 22 cases are often won or lost on (1) timely presentment, (2) proof of dishonor for covered reasons, and (3) proof of receipt of written notice of dishonor.
The five banking days after receipt of notice is a critical statutory window.
Venue allegations matter; the complaint should clearly connect facts to the place of filing.
Payment may resolve the money problem, but it does not automatically end the criminal exposure—though it can materially affect the case’s practical trajectory.