A bounced check does not automatically result in a conviction under Batas Pambansa Blg. 22. In most BP 22 cases, the demand letter—and reliable proof that the drawer actually received it—becomes one of the most important pieces of evidence. The timing also matters because a BP 22 offense generally prescribes after four years. This article explains what a valid notice of dishonor should contain, how it should be served, when the five-banking-day payment period begins, how prescription is computed, and what practical steps check holders and drawers should take.

What Is a BP 22 Case?

Batas Pambansa Blg. 22, commonly called the Bouncing Checks Law, penalizes a person who makes, draws, or issues a check knowing that there are insufficient funds or credit to cover it, when the check is later dishonored.

A BP 22 case is different from estafa.

BP 22 generally focuses on the issuance of a worthless check and its effect on the banking system. Estafa under Article 315 of the Revised Penal Code requires additional proof of fraud or deceit that caused damage to another person. Depending on the facts, the same check may be involved in both cases, but the legal elements are not identical.

For a BP 22 conviction, the prosecution generally must prove:

The accused made, drew, or issued a check to apply on account or for value.
At the time of issuance, the accused knew that there were insufficient funds or credit for full payment.
The bank dishonored the check because of insufficient funds or credit, or the check would have been dishonored for that reason had the drawer not ordered a stop payment without a valid reason.

BP 22 is considered a malum prohibitum law. This means the prohibited act itself is punished even without proof of the same fraudulent intent normally required in crimes such as estafa. Nevertheless, the prosecution must still prove every legal element beyond reasonable doubt.

Why a Demand Letter Is Important in a BP 22 Case

A BP 22 demand letter normally performs two related functions:

It informs the drawer that the check was dishonored.
It gives the drawer five banking days from receipt to pay the check or arrange for its full payment.

Section 2 of BP 22 creates a prima facie or rebuttable presumption that the drawer knew of the insufficiency of funds when:

The check was presented within 90 days from its date;
The check was dishonored for insufficient funds or credit;
The drawer received notice of dishonor; and
The drawer failed to pay the amount or make arrangements for full payment within five banking days after receiving the notice.

The demand letter is therefore not merely a collection letter. In a criminal case, it may be the document used to establish that the drawer was formally notified of the dishonor and given the statutory opportunity to make the check good.

The Supreme Court has repeatedly ruled that the prosecution must present reliable evidence that the accused actually received the notice. Proof that a letter was prepared or mailed does not necessarily prove receipt.

In Dico v. Court of Appeals, the Supreme Court explained that a conviction requires proof that the accused was notified of the dishonor and failed to pay within five banking days. In Suarez v. People, the Court emphasized that full payment within the five-banking-day period is a complete defense. In Resterio v. People, the Court also stressed that a mere oral demand is ordinarily insufficient when the prosecution relies on the statutory presumption of knowledge. (Lawphil)

Is a Written Demand Letter Legally Required?

BP 22 does not use the exact phrase “written demand letter” in Section 2. However, Supreme Court decisions have consistently required clear and competent proof of notice of dishonor.

As a practical matter, the notice should be in writing.

Section 3 of BP 22 states that the fact of insufficient funds or credit must be explicitly stated in the notice of dishonor or refusal. A written notice allows the prosecution to show:

What the drawer was told;
Which check was involved;
Why the bank dishonored it;
How much was being demanded;
When the notice was sent;
When the drawer received it; and
When the five-banking-day period began.

An oral demand may be difficult to prove and may not contain the specific information required by law. A text message, chat message, or email may help show actual knowledge, but relying only on informal electronic communication creates evidentiary risks involving identity, authenticity, completeness, and proof of receipt.

The safest practice is to serve a formal written notice of dishonor and preserve independent proof of delivery.

What Should a BP 22 Demand Letter Contain?

A properly prepared demand letter should identify the transaction clearly and avoid unnecessary threats or emotional language.

It should normally include:

Information	Why it matters
Full name and address of the drawer	Identifies the person being notified
Check number	Connects the demand to the exact check
Name of the drawee bank and branch	Identifies the account on which the check was drawn
Date and amount of the check	Establishes the obligation covered
Date of presentment or deposit	Helps establish when the check was processed
Reason for dishonor	Must reflect the bank’s actual notation, such as “DAIF,” “NSF,” or “account closed”
Formal notice that the check was dishonored	Shows that the drawer was informed
Demand for full payment	Gives the drawer an opportunity to make good
Reference to the five-banking-day period	Clearly communicates the statutory period
Payment instructions	Avoids disputes over how or where payment could be made
Date and signature of the sender	Authenticates the notice

The letter should use the reason stated by the bank. Do not claim that the check was dishonored for insufficient funds if the bank’s return slip states a different reason that may not fall under BP 22.

Should the demand letter be notarized?

Notarization is not an express element of BP 22. An unnotarized demand letter may still be valid.

However, notarization can help establish the date of execution and the identity of the person who signed the letter. It does not prove that the drawer received the notice. Proof of service remains necessary.

How to Serve a BP 22 Demand Letter

The method of service should produce strong evidence of actual receipt.

1. Personal service

Personal delivery is often the strongest method when properly documented.

Ask the drawer to sign a receiving copy showing:

The date and time received;
The recipient’s printed name and signature;
The number of pages received; and
A statement that the recipient received the demand letter and its attachments.

The person who delivered the letter should be prepared to execute an affidavit of service and testify if necessary.

If the drawer refuses to sign or accept the letter, the server should not simply leave it without documentation. The refusal, location, date, time, persons present, and circumstances should be recorded in a detailed affidavit.

2. Registered mail

Registered mail is commonly used because it creates an official mailing record. Keep:

The original registry receipt;
The tracking record;
The registry return card;
The returned envelope, if undelivered;
The post office certification, when available; and
A complete copy of the letter and attachments.

A registry receipt proves mailing, but not necessarily actual receipt. The return card must also be examined carefully. An unreadable signature, a signature by an unidentified person, or a card that does not show the relationship of the recipient to the drawer may be challenged.

The Supreme Court has warned that when notice is allegedly served by mail, the prosecution must establish the conditions necessary to prove valid service. Merely presenting a registry receipt without competent proof that the accused received the letter may be insufficient. (Lawphil)

3. Private courier

A reputable courier may provide:

A delivery receipt;
The receiver’s name;
A signature;
A photograph;
GPS or timestamp records; and
Online tracking information.

Preserve the original waybill and obtain a formal delivery certification when possible. A generic online status saying “delivered” may not establish who accepted the package.

4. Email, text message, or messaging application

Electronic messages can support proof of actual notice, especially when the drawer responds and acknowledges the dishonored check.

Preserve:

The full conversation;
Account or phone-number identifiers;
Dates and timestamps;
Delivery and read indicators;
The drawer’s replies;
Original electronic files; and
Information showing that the account belongs to the drawer.

Screenshots alone may be questioned. They should be supported by testimony and, when necessary, properly authenticated under the Rules on Electronic Evidence.

Electronic service is best used as an additional method rather than the only method.

When Does the Five-Banking-Day Period Begin?

The five-banking-day period begins upon the drawer’s receipt of the notice of dishonor—not on the date printed on the letter and not automatically on the date it was mailed.

“Banking days” generally exclude:

Saturdays and Sundays when banks are closed for regular banking business;
Regular and special non-working holidays affecting banking operations; and
Days when banks are officially closed.

For example, suppose the drawer receives the demand letter on Monday. If there are no holidays, the five banking days are generally Tuesday, Wednesday, Thursday, Friday, and the following Monday. The day of receipt is ordinarily excluded when counting the period.

The exact computation may change when a holiday, suspension of work, bank closure, or local holiday falls within the period.

What must the drawer do within five banking days?

The drawer must either:

Pay the amount of the check in full; or
Make arrangements for full payment by the bank.

A promise to pay later is not automatically sufficient. Partial payment ordinarily does not erase potential BP 22 liability for the unpaid balance, although it may affect the civil claim, settlement discussions, and penalty.

The Supreme Court has described full payment within five banking days from receipt of notice as a complete defense. (Lawphil)

Does Late Payment Dismiss a BP 22 Case?

Payment after the five-banking-day period does not automatically extinguish the criminal offense.

Once all the elements have been completed, later payment may:

Settle or reduce the civil liability;
Support an affidavit of desistance;
Influence the prosecutor’s or court’s assessment of the circumstances;
Affect the penalty imposed;
Support mediation or compromise of the civil aspect; or
Show good faith.

However, BP 22 is a public offense. The complainant cannot unilaterally erase criminal liability simply by accepting payment or signing an affidavit of desistance.

Courts generally treat affidavits of desistance cautiously because they can be obtained through pressure, payment, or private arrangements after a criminal complaint has already been filed.

What Is the Prescriptive Period for BP 22?

A BP 22 offense generally prescribes in four years.

Prescription means that the State loses the right to prosecute the offense after the legally fixed period has expired, subject to the rules on when the period begins, when it is interrupted, and when it resumes.

BP 22 does not state its own prescriptive period. The applicable law is Act No. 3326, which governs offenses punished under special laws.

Under Section 1 of Act No. 3326, offenses punishable by imprisonment of more than one month but less than two years prescribe after four years. BP 22 carries imprisonment of not less than 30 days but not more than one year, or a fine, or both. (Lawphil)

When Does the Four-Year Period Start?

The answer can depend on the specific facts and the legal theory applied to the completion of the offense.

BP 22 requires more than the physical act of signing a check. The check must be issued and subsequently dishonored under the circumstances covered by the law. Where the prosecution relies on the statutory presumption of knowledge, receipt of notice and failure to pay within five banking days become critical.

In People v. Pangilinan, the Supreme Court discussed the four-year prescriptive period for BP 22 and the completion of the offense in relation to dishonor and the statutory notice process. (Lawphil)

For careful case assessment, collect and compare these dates:

Event	Date to verify
Date written on the check	The check’s face date
Date the check was delivered	May affect venue and issuance
Date deposited or presented	Relevant to timely presentment
Date dishonored	Shown by the bank return record
Date notice was received	Starts the five-banking-day period
Fifth banking day after receipt	May mark completion when the drawer fails to pay
Date complaint-affidavit was filed	Relevant to interruption of prescription
Date information was filed in court	May be decisive in transitional cases

Do not compute prescription only from the date written on the check. The date of the check is not necessarily the date of issuance, dishonor, receipt of notice, or completion of the offense.

What Stops the BP 22 Prescriptive Period From Running?

The law and Supreme Court doctrine on interruption of prescription have undergone important developments.

The Panaguiton doctrine

In Panaguiton, Jr. v. Department of Justice, the Supreme Court held that filing a complaint-affidavit with the prosecutor’s office interrupted the four-year prescriptive period for BP 22. The Court reasoned that the complainant should not lose the case because of delays in preliminary investigation that were beyond the complainant’s control. (Lawphil)

The 2023 rulings

In 2023, the Supreme Court ruled in Republic v. Desierto and Corpus, Jr. v. People that, for offenses covered by the Revised Rules on Summary Procedure, the filing that interrupted prescription was the filing of the complaint or information in court. Those rulings limited the application of Panaguiton in BP 22 cases arising after BP 22 became covered by summary procedure on April 15, 2003. (Lawphil)

The 2025 People v. Consebido ruling

On April 2, 2025, the Supreme Court En Banc decided People v. Consebido. The Court abandoned the contrary portions of the 2023 rulings and clarified that prescription stops when the complaint is filed with the prosecution office and summary investigation begins—not only when the information reaches the court.

The Supreme Court stated that the Consebido rule on interruption would apply prospectively. (Supreme Court of the Philippines)

This creates an important transitional issue. Cases involving checks, complaints, or alleged expiration periods before the prospective effect of Consebido may require a detailed analysis of:

When the offense was committed;
When the four-year period began;
When the prosecutor’s complaint was filed;
Whether and when an information was filed in court;
Which procedural rules were then in force; and
Whether prescription had already completed before the newer doctrine applied.

A complainant should therefore not assume that filing a demand letter stops prescription. It does not. Sending a demand letter, negotiating payment, or accepting installment promises does not by itself institute the criminal proceeding.

Step-by-Step Guide for the Holder of a Bounced Check

1. Obtain the dishonored check and bank record

Secure:

The original check;
The bank return slip or debit advice;
The deposit slip;
The bank’s stamped reason for dishonor; and
A bank certification, if available.

Do not write on, alter, staple through, or damage the important portions of the original check.

2. Confirm whether the reason for dishonor is covered

Common BP 22-related return reasons include:

Drawn against insufficient funds or DAIF;
Not sufficient funds or NSF;
Account closed; and
Stop payment, when the account also lacked sufficient funds and there was no valid reason for the order.

Other return reasons may present problems. Examples include a material alteration, irregular signature, stale check, missing endorsement, technical defect, or discrepancy in the amount. Review the exact bank notation before making allegations.

3. Prepare a specific written notice of dishonor

Attach a copy of the check and the bank return record. State the amount demanded and provide clear payment instructions.

Do not wait until the last few weeks of the four-year period before sending notice.

4. Serve the letter using more than one reliable method

When practical, use:

Personal service with a signed receiving copy;
Registered mail with return card;
A reputable private courier; and
Electronic transmission as supporting evidence.

5. Count five banking days from actual receipt

Keep a written computation showing weekends, holidays, and bank closures.

6. Document any payment or proposal

Issue receipts for payments. State whether payment is:

Full settlement;
Partial payment;
Payment of interest only;
An installment;
Without waiver of remaining rights; or
Subject to a written compromise.

Avoid vague verbal arrangements.

7. Prepare the complaint-affidavit promptly

The usual supporting documents include:

Complaint-affidavit;
Original or certified copy of the check;
Bank return slip or dishonor record;
Demand letter or notice of dishonor;
Proof of receipt;
Affidavit of the person who served the letter;
Transaction documents showing why the check was issued;
Receipts, invoices, contracts, loan documents, or acknowledgment receipts;
Government-issued identification; and
Witness affidavits.

The prosecutor may require multiple copies and specific formatting, depending on local office procedures.

8. File in the proper place

Venue may be established in a place where an essential part of the offense occurred, such as where the check was issued, delivered, deposited, presented, or dishonored, depending on the facts and applicable jurisprudence.

A complainant should not choose a city merely because it is convenient. Improper venue can result in dismissal or refiling after valuable time has passed.

Practical Timeline

Stage	Typical practical period
Bank processing and return	Several banking days, depending on clearing
Preparation of demand letter	A few days after receipt of the dishonored check
Delivery of notice	Same day to several weeks, depending on location and service method
Statutory opportunity to pay	Five banking days from actual receipt
Prosecutor evaluation or summary investigation	Several weeks to several months, sometimes longer
Filing and raffling of the court case	Depends on prosecutor and court workload
Arraignment, pre-trial, and trial	Several months or longer

These are practical estimates, not mandatory completion periods. Delays may arise from unsuccessful service, incomplete addresses, requests for additional evidence, motions for reconsideration, unavailable witnesses, court congestion, or difficulty locating the respondent.

Common Mistakes That Weaken BP 22 Cases

No proof that the drawer received the demand letter

This is one of the most common problems. A letter, registry receipt, or courier waybill proves little if no evidence identifies the person who actually accepted it.

Notice sent to an old or incomplete address

Using an address from an outdated contract may result in a returned letter. Search available records and document why the address used was reasonably connected to the drawer.

Demand served only after filing the criminal complaint

The purpose of notice is to give the drawer a real opportunity to pay and avoid prosecution. The Supreme Court has ruled that the notice or demand must be served before the complaint is filed. Receiving a copy only as an attachment to the complaint-affidavit does not necessarily cure the defect. (Lawphil)

Filing close to the end of the four-year period

Even when a prosecutor complaint may interrupt prescription under current doctrine, transitional rules, defective filing, improper venue, or dismissal can create serious risks. File well before the deadline.

Confusing the demand period with the prescriptive period

The five-banking-day period gives the drawer an opportunity to make the check good. The four-year period limits the time for prosecution. They serve different purposes.

Assuming partial payment automatically ends the case

Partial payment may reduce the balance but ordinarily does not equal full payment of the check within the statutory period.

Losing the original check

The original check is normally the best evidence of its contents and issuance. Keep it secure even if scanned copies have been made.

Treating every dishonored check as a BP 22 violation

The reason for dishonor, proof of issuance, timely presentment, notice, receipt, identity of the signatory, and surrounding transaction must all be examined.

BP 22 Liability of Corporate Officers

When a check is issued on behalf of a corporation, partnership, or association, the entity’s separate juridical personality does not automatically protect the individual who signed the check.

Section 1 of BP 22 provides that when the drawer is a corporation, company, or entity, the person or persons who actually signed the check on its behalf may be liable.

However, liability is not based solely on job title. The prosecution must identify the person who signed or issued the check and prove the required elements as to that person.

A director, president, treasurer, or employee who did not sign or issue the check is not automatically criminally liable merely because of the position held.

What if the Drawer Is Abroad?

A drawer’s residence abroad creates practical service and enforcement difficulties.

The holder should preserve:

The drawer’s last Philippine address;
Overseas residential or business address;
Email address and mobile number;
Immigration or travel information lawfully available;
Communications acknowledging the check; and
Proof of attempted delivery at all known addresses.

A demand letter signed or notarized abroad may require an apostille or Philippine consular authentication if it will be offered as a foreign public document. The authentication requirement depends on the type of document, where it was executed, and how it will be presented in Philippine proceedings.

The drawer’s departure from the Philippines does not automatically erase liability. Act No. 3326 also states that the prescriptive term does not run while the offender is absent from the Philippines, although the application of this provision may require proof and legal analysis in the particular case.

Civil Liability and Recovery of the Check Amount

A BP 22 prosecution usually includes the corresponding civil action for recovery of the amount of the check. Under the Rules of Criminal Procedure, no reservation to file a separate civil action is generally allowed in BP 22 cases.

The complainant may be required to pay filing fees based on the amount claimed. The clerk of court assesses the applicable fees under Rule 141 and relevant judiciary issuances.

If no criminal case is filed, the holder may consider a separate civil action, including a small claims case when the claim falls within the current jurisdictional limit and is otherwise eligible. The Supreme Court’s Rules on Expedited Procedures presently cover small claims of up to ₱1,000,000 and expressly address the civil aspect of BP 22 when no criminal action has been instituted. (Supreme Court of the Philippines)

Civil and criminal prescription should not be confused. A contractual collection action may have a different prescriptive period under the Civil Code, depending on whether the obligation is based on a written contract, oral contract, quasi-contract, or another source.

Frequently Asked Questions

Can I file BP 22 without sending a demand letter?

A complaint may physically be submitted, but a prosecution without competent proof of notice and receipt may fail, particularly when the prosecution relies on the statutory presumption that the drawer knew of the insufficient funds. Serve a proper written notice before filing.

Is a text message enough as a BP 22 demand?

A text message may help prove actual knowledge if its authenticity and receipt are established. It is safer to send a formal written notice through personal service, registered mail, or courier and use the text message only as additional evidence.

Does the demand letter need to mention BP 22?

It is not necessary to use threatening language or quote the entire law. The letter should clearly state that the check was dishonored, identify the reason for dishonor, and demand full payment within five banking days from receipt.

When do I count the five banking days?

Count from the day after actual receipt of the notice. Exclude weekends, applicable holidays, and days when banks are officially closed for ordinary banking business.

Does payment after five banking days prevent a case?

Not automatically. Payment after the period may settle the civil obligation or affect the penalty and negotiations, but it does not necessarily erase a completed criminal offense.

How long do I have to file a BP 22 complaint?

The general prescriptive period is four years. The starting date and interruption rules can be complicated, especially because Supreme Court doctrine changed in 2023 and again prospectively in People v. Consebido in 2025. Compute the period using all relevant dates and avoid waiting near the deadline.

Does sending another demand letter restart the four-year period?

No. A second or third demand letter does not restart prescription. Private negotiations and repeated promises to pay also do not normally reset the criminal prescriptive period.

Does filing with the prosecutor stop prescription?

Under the Supreme Court’s prospective ruling in People v. Consebido, filing the complaint with the prosecution office and the commencement of summary investigation interrupts prescription. Older or transitional cases may be governed by the rules and jurisprudence applicable at the relevant time.

What if the registered demand letter was returned unclaimed?

A returned “unclaimed” letter does not automatically prove actual receipt. It may show an attempt to notify the drawer, but the prosecution may still need stronger evidence of notice. Consider personal service, courier delivery, and other documented methods.

Can the drawer be jailed for BP 22?

BP 22 allows imprisonment, a fine, or both. Supreme Court administrative circulars encourage courts to consider fines where appropriate, but they do not remove imprisonment as a lawful penalty in every case. The penalty depends on the facts, applicable law, and the court’s judgment.

Key Takeaways

A bounced check alone does not guarantee a BP 22 conviction.
The holder should send a clear written notice of dishonor before filing the complaint.
Reliable proof that the drawer actually received the notice is crucial.
The drawer has five banking days from receipt to pay the check in full or arrange for full payment.
Full payment within the five-banking-day period is a complete defense.
Late or partial payment does not automatically extinguish criminal liability.
BP 22 offenses generally prescribe after four years under Act No. 3326.
A demand letter does not interrupt the four-year prescriptive period.
Under the prospective 2025 ruling in People v. Consebido, filing a complaint with the prosecution and beginning summary investigation interrupts prescription.
Transitional cases require careful comparison of the check date, dishonor date, receipt of notice, fifth banking day, prosecutor filing, and court filing.
The original check, bank return record, demand letter, and proof of receipt should be preserved from the beginning.