If someone issued you a check in the Philippines and it bounced, the BP 22 demand letter is not just a collection letter. It is often the document that gives the check issuer the legally required chance to pay before criminal liability under the Bouncing Checks Law can move forward. The timing also matters: you need to know when to send the written notice, how to prove receipt, when the five banking days starts, and how the filing deadline for a BP 22 complaint is counted.

What BP 22 Covers

BP 22 refers to Batas Pambansa Blg. 22, the Philippine Bouncing Checks Law. It penalizes the making, drawing, or issuing of a check that is later dishonored because of insufficient funds, insufficient credit, a closed account, or a stop-payment order where the check would still have bounced for lack of funds.

In simple terms, BP 22 applies when:

A person issues a check to pay an obligation, apply on account, or give value.
The check is deposited or presented for payment.
The bank dishonors the check.
The issuer had knowledge of insufficient funds or credit.
The issuer fails to pay or make full payment arrangements within the required period after receiving written notice.

BP 22 is different from a simple unpaid debt. The law punishes the act of putting a worthless check into circulation because it affects public confidence in checks and banking transactions.

It is also different from estafa under Article 315 of the Revised Penal Code. Estafa generally requires deceit and damage. BP 22 is usually treated as malum prohibitum, meaning the law punishes the prohibited act itself even if fraudulent intent is not the main focus.

Why the BP 22 Demand Letter Is So Important

A BP 22 demand letter is commonly called a “notice of dishonor.” It tells the check issuer that the bank dishonored the check and demands payment.

This written notice is crucial because Section 2 of BP 22 creates a presumption that the issuer knew about the insufficiency of funds only if:

the check was presented within 90 days from the date appearing on the check;
the issuer received notice that the check was dishonored; and
the issuer failed to pay the amount of the check or make arrangements for full payment within five banking days from receipt of the notice.

The Supreme Court has repeatedly emphasized that notice must be proven clearly. In Resterio v. People, the Court explained that the notice of dishonor must be written and that proof of service by registered mail requires more than simply presenting a return card. In Aluburo v. People, the Court again stressed that there must be proof that the check issuer actually received the notice or that it was received by a duly authorized agent.

This is why many BP 22 cases fail even when the check truly bounced. The payee proves the check, proves the dishonor, but fails to prove proper written notice and receipt.

The Five-Banking-Day Rule

The issuer is given five banking days from receipt of written notice to pay the amount of the check or make arrangements for full payment.

“Banking days” usually means days when banks are open for business. Saturdays, Sundays, and regular holidays are not counted if banks are closed.

Example

Suppose the issuer personally receives the demand letter on Monday, July 6, 2026.

If there are no holidays that week, the five banking days are:

Day	Count
Tuesday, July 7	Day 1
Wednesday, July 8	Day 2
Thursday, July 9	Day 3
Friday, July 10	Day 4
Monday, July 13	Day 5

If the issuer does not pay or make acceptable full payment arrangements by the end of the fifth banking day, the payee may proceed with filing the complaint, assuming the other requirements are present.

The count starts from receipt, not from the date printed on the demand letter and not from the date the letter was mailed.

Is There a Deadline to Send the BP 22 Demand Letter?

BP 22 does not give a simple rule saying the demand letter must be sent within a fixed number of days from dishonor. However, payees should not delay.

There are three practical timing rules to remember:

Deposit or present the check within 90 days from the check date if you want to rely on the statutory presumption under Section 2 of BP 22.
Send the written demand letter only after the check has actually been dishonored.
File the BP 22 complaint before the offense prescribes, generally within four years.

A demand letter sent before the check is issued or before the check is dishonored is not enough. In Chua v. People, the Supreme Court noted that a demand letter that came before issuance of certain checks could not qualify as the required notice of dishonor because dishonor can happen only after issuance and presentment.

The BP 22 Filing Deadline: The Four-Year Prescriptive Period

A BP 22 offense generally prescribes in four years.

This is based on Act No. 3326, which governs prescription of offenses punished by special laws. BP 22 is a special penal law, and the penalty under Section 1 is imprisonment of 30 days to one year, or a fine, or both. Because the imprisonment is more than one month but less than two years, the prescriptive period is four years.

When does the four-year period start?

For practical purposes, the safer view is to count from the point when the BP 22 offense becomes complete — that is, after the issuer receives written notice of dishonor and fails to pay or arrange full payment within five banking days.

However, payees should not wait until the last year or last few months. In real cases, delays happen because of:

difficulty locating the issuer;
returned or unclaimed demand letters;
incomplete bank documents;
missing check originals;
notarization issues;
prosecutor docket congestion;
wrong venue;
need to correct affidavits or attachments.

If a check bounced years ago and no proper written notice was served, the case becomes more complicated. The issue is not only prescription, but also whether the prosecution can prove the required notice and the issuer’s opportunity to pay.

Does Filing With the Prosecutor Stop the Deadline?

Yes, under current doctrine, filing the complaint with the prosecutor can stop the running of the prescriptive period.

In 2025, the Supreme Court in People v. Consebido, G.R. No. 258563 clarified that the prescriptive period is tolled upon the filing of the complaint with the prosecution and the start of summary investigation. The Supreme Court also stated that this ruling applies prospectively.

This matters because BP 22 cases are now expressly included in criminal cases governed by the Rules on Expedited Procedures in the First Level Courts. The Supreme Court has explained that BP 22 is covered by the first-level court procedure for summary cases.

For payees, the practical rule is: do not merely prepare the complaint before the deadline; make sure it is actually filed with the proper prosecutor’s office or proper court process within the prescriptive period.

What a Good BP 22 Demand Letter Should Contain

The demand letter does not need to be fancy, but it must be clear, written, and provable.

A practical BP 22 demand letter should include:

the full name of the check issuer;
the issuer’s address;
the payee’s name;
the check number;
the check date;
the drawee bank and branch, if known;
the amount of the check;
the date the check was deposited or presented;
the reason for dishonor, such as “Account Closed,” “DAIF,” “Drawn Against Insufficient Funds,” “Insufficient Funds,” or “Payment Stopped”;
a clear statement that the check was dishonored;
a demand to pay the full amount within five banking days from receipt;
payment instructions or contact details;
the payee’s signature or authorized representative’s signature.

Attach copies of the dishonored check and the bank return slip or check return memo when available. Keep the originals safe.

Notarization of the demand letter itself is not the main requirement. The more important issue is proof that the issuer actually received the written notice.

Best Ways to Serve the Demand Letter

The safest method depends on the facts, but the goal is always the same: prove receipt.

Method	Practical Notes
Personal service	Often strongest if the issuer signs a receiving copy with printed name, date, signature, and preferably ID details.
Registered mail	Keep the registry receipt, return card, copy of the mailed letter, and proof or affidavit of mailing.
Private courier	Keep the airway bill, tracking record, delivery confirmation, and proof showing who received it.
Service through authorized representative	Risky unless you can prove the person was authorized to receive for the issuer.
Email, text, or chat only	Usually unsafe as the sole proof for BP 22 notice, unless supported by strong evidence of receipt and identity.

A common mistake is relying only on a registry return card with an unclear signature. Courts often ask: Who mailed the letter? What exactly was mailed? Was it the same demand letter? Who received it? Was the receiver authorized? Can the witness identify the signature?

For criminal liability, the prosecution must prove notice beyond reasonable doubt. That is a much higher standard than ordinary civil collection.

Step-by-Step Guide for Payees

1. Deposit or present the check promptly

Deposit the check within 90 days from the date appearing on the check if possible. This protects the statutory presumption under Section 2 of BP 22.

If the check is postdated, deposit it on or after the date written on the check, not before.

2. Get the bank’s dishonor documents

Ask the bank for the returned check and the check return memo or bank slip showing the reason for dishonor.

Common bank markings include:

DAIF;
insufficient funds;
account closed;
payment stopped;
refer to drawer.

The reason matters because BP 22 focuses on dishonor connected to insufficient funds, insufficient credit, closed account, or a stop-payment order where the check would still have bounced.

3. Prepare the written demand letter

List the check details accurately. Avoid vague statements like “You owe me money.” The letter should specifically identify the bounced check and state that it was dishonored.

4. Serve the demand letter properly

Use a method that creates strong proof of receipt. If serving personally, prepare at least two copies: one for the issuer and one receiving copy for your records.

The receiving copy should show:

date of receipt;
name of receiver;
signature;
relationship to issuer, if not the issuer personally;
ID number or proof of identity, if possible.

5. Count five banking days from receipt

Do not file immediately after sending the letter. Wait until the issuer has received it and the five-banking-day period has expired.

If the issuer pays in full within the five banking days, that payment is a complete defense to BP 22.

6. Prepare the complaint-affidavit

A BP 22 complaint normally starts with a complaint-affidavit filed before the Office of the City Prosecutor or Provincial Prosecutor in the proper venue.

The affidavit should clearly narrate:

the transaction or obligation;
how and when the check was issued;
where the check was issued, delivered, deposited, or dishonored;
the check details;
the bank dishonor;
the written demand letter;
how the demand letter was served;
when the issuer received it;
failure to pay within five banking days.

7. Attach the supporting documents

Prepare clear copies and keep originals ready for presentation.

Document	Why It Matters
Original check	Proves issuance and check details.
Bank return memo or dishonor slip	Proves dishonor and reason for dishonor.
Demand letter	Proves written notice.
Proof of receipt	Proves the five-banking-day period started.
Registry receipt, return card, courier proof, or receiving copy	Supports service of notice.
Affidavit of mailing or witness affidavit	Helps prove what was sent and how.
Transaction documents	Shows the check was issued for value or account.
Valid IDs of complainant and witnesses	Usually needed for notarization and filing.
Special Power of Attorney	Needed if a representative will file or sign for the payee.

8. File in the proper venue

BP 22 is generally treated as a transitory or continuing offense. Depending on the evidence, venue may be proper where an essential act occurred, such as where the check was issued, delivered, deposited, or dishonored.

Filing in the wrong city or province can cause delay or dismissal. The complaint-affidavit should clearly state facts connecting the case to the prosecutor’s territorial jurisdiction.

Documents and Practical Requirements

Item	Practical Guidance
Number of copies	Prosecutor’s offices usually require several copies for the prosecutor, respondent, complainant, and records. Requirements vary by city or province.
Notarization	Complaint-affidavits and supporting affidavits should be notarized.
Filing fees	Criminal complaints usually do not work like ordinary civil cases, but BP 22 is special because the civil action for the check amount is generally deemed included. Docket or filing fees based on the check amount may be required when the case reaches court.
Original documents	Bring originals for comparison: check, bank memo, demand letter, registry or courier documents, IDs, contracts, invoices, receipts.
Timeline	Prosecutor action may take weeks to months, depending on the office, completeness of documents, respondent’s participation, and docket load.
Court	BP 22 cases are handled by first-level courts such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

Common Mistakes That Can Hurt a BP 22 Case

Sending only a verbal demand

A phone call, verbal warning, or barangay conversation is not enough. The notice of dishonor must be in writing.

Filing before the five banking days expire

The issuer must be given the full statutory period after receipt. Filing too early can create a due process issue.

Counting from mailing instead of receipt

The five banking days starts from receipt of notice, not from the date of mailing or the date of the letter.

Not proving who received the letter

If a maid, guard, receptionist, employee, or relative received the letter, you may need to prove that the person was authorized to receive it for the issuer. Otherwise, the defense may argue there was no valid receipt.

Losing the original check

The original check is a key piece of evidence. Photocopies may create avoidable evidentiary issues.

Waiting too long

Delay can affect prescription, witness memory, bank record retrieval, and ability to locate the issuer.

Assuming every bounced check is automatically BP 22

The check must fit the legal elements. Issues such as forgery, unauthorized signature, lack of delivery, altered check, wrong accused, or unclear dishonor reason can affect the case.

Special Situations

What if the check was issued by a corporation?

Under Section 1 of BP 22, if the check is drawn by a corporation, company, or entity, the person or persons who actually signed the check on behalf of the drawer may be liable.

The corporation may still be relevant for civil liability and collection, but criminal liability focuses on the human signatory or signatories.

What if there are several bounced checks?

Each dishonored check can result in a separate BP 22 count. A single demand letter may list multiple checks, but it must clearly identify each check and the total amount demanded.

For filing, each check should be documented carefully. Some courts or prosecutors may consolidate related cases, but the evidence for each check should still be complete.

What if the check was issued as “security” or “guarantee”?

Do not assume BP 22 automatically disappears because the check was described as security, collateral, or guarantee. Philippine jurisprudence has recognized that BP 22 can still apply when a check is issued for account or value and later dishonored. The specific facts and documents matter.

What if the drawer is abroad?

If the check issuer is abroad, serving the demand letter and later serving court processes can become more difficult. Use the issuer’s last known Philippine address, business address, or address stated in contracts if supported by evidence.

If the payee is abroad and needs someone in the Philippines to file, a Special Power of Attorney may be needed. Documents executed abroad are commonly notarized at a Philippine Embassy or Consulate, or notarized locally and apostilled if the country is part of the Apostille Convention. The Philippines has been a party to the Apostille Convention since May 14, 2019, as reflected in the DFA Apostille FAQs.

What if the issuer pays after the five banking days?

Payment after the five banking days may affect settlement, civil liability, penalty, or practical resolution, but it does not automatically erase a BP 22 offense that has already become complete. The timing and terms of payment should be documented.

What if the issuer offers installment payment?

BP 22 refers to payment of the amount due or arrangements for payment in full. If you accept installment arrangements, document them carefully. State whether acceptance is full settlement, partial payment only, or without prejudice to remedies if the issuer defaults.

BP 22 vs. Small Claims vs. Estafa

Payees often confuse the available remedies.

Remedy	Main Purpose	Key Point
BP 22	Criminal prosecution for issuing a bouncing check, with civil liability generally included	Requires written notice of dishonor and proof of receipt.
Small claims	Civil collection of money	Faster civil remedy for collecting money, but does not impose criminal liability.
Estafa	Criminal fraud case under the Revised Penal Code	Requires proof of deceit and damage, not merely a bounced check.

A payee may care most about recovering money, but the remedy chosen affects procedure, proof, cost, and timeline.

Frequently Asked Questions

How many days should I give in a BP 22 demand letter?

Give the issuer five banking days from receipt of the written notice. You may write this clearly: “You are given five banking days from receipt of this letter to pay the full amount of the dishonored check or make arrangements for full payment.”

Is a demand letter required before filing a BP 22 case?

Yes, written notice of dishonor is essential in practice because it triggers the five-banking-day period and supports the presumption of knowledge of insufficient funds. Without proof of written notice and receipt, conviction becomes difficult.

Can I send the BP 22 demand letter by email or text?

You can use email or text as additional notice, but relying on them alone is risky. Courts usually look for clear proof that the written notice was actually received by the issuer. Personal service, registered mail with proper proof, or reliable courier documentation is usually stronger.

What happens if the issuer refuses to receive the demand letter?

Refusal can create factual and evidentiary issues. Document the attempt carefully through witnesses, written incident notes, courier records, or other proof. If possible, use another service method that creates stronger evidence.

When should I file the BP 22 complaint after sending the demand letter?

File after the issuer receives the written notice and the five banking days have expired without full payment or full payment arrangements. Also make sure the complaint is filed within the four-year prescriptive period.

Is the BP 22 deadline counted from the check date or the bounce date?

The 90-day presentment rule is counted from the date appearing on the check. The five-banking-day rule is counted from receipt of written notice of dishonor. The four-year prescription issue is generally tied to when the offense becomes complete, which is after notice and failure to pay within the five banking days.

Can I still file BP 22 if the check bounced more than four years ago?

Possibly not, depending on the dates and whether prescription was interrupted. You need to examine the check date, dishonor date, date of notice, proof of receipt, expiration of the five banking days, and any prior filing. If no complaint was filed within the prescriptive period, prescription may bar the criminal case.

Can the issuer be jailed for BP 22?

BP 22 still provides imprisonment as a possible penalty, but Supreme Court policy under Administrative Circulars No. 12-2000 and No. 13-2001 encourages courts, in proper cases, to consider fine rather than imprisonment. Imprisonment has not been removed entirely, and the final penalty depends on the judge and the facts.

If the accused is acquitted, can I still recover the money?

An acquittal does not always erase civil liability. In some BP 22 cases, courts may still award the value of the checks and interest if civil liability is proven, depending on the basis of the acquittal and the evidence.

Do I need barangay conciliation before BP 22?

Barangay conciliation may matter for disputes between individuals residing in the same city or municipality, but BP 22 complaints are criminal in nature and are handled through the prosecutor and courts. In practice, prosecutor’s offices may still examine barangay requirements depending on the parties and local circumstances, especially where civil collection issues overlap.

Key Takeaways

A BP 22 demand letter must be a written notice of dishonor.
The issuer must receive the notice before the five-banking-day period starts.
Full payment within five banking days from receipt is a complete defense to BP 22.
Deposit or present the check within 90 days from the check date to preserve the statutory presumption under Section 2.
BP 22 generally prescribes in four years under Act No. 3326.
Filing with the prosecutor can stop the prescriptive period under the Supreme Court’s current prospective ruling in People v. Consebido.
Proof of receipt is often the most important evidence in a BP 22 case.
Keep the original check, bank return memo, demand letter, proof of service, and notarized affidavits complete and organized.
BP 22 cases are handled by first-level courts and are covered by expedited or summary procedures.
For payees abroad, properly notarized, consularized, or apostilled documents may be needed for filing through a Philippine representative.