If you received a bounced check and already sent a demand letter, the most important question is usually: when is the deadline to file a BP 22 case? In the Philippines, the answer has two layers: first, you generally wait for the issuer’s five banking days to pay after receiving written notice of dishonor; second, the criminal complaint for violation of Batas Pambansa Blg. 22, or the Bouncing Checks Law, must generally be filed within the four-year prescriptive period. The tricky part is proving when the demand letter was actually received, because that date affects both the five-banking-day grace period and the filing timeline.

Quick Answer: BP 22 Filing Deadline After Demand Letter

For a bounced check case under BP 22, the practical rule is:

The check must be dishonored by the bank.
The issuer must receive a written notice of dishonor or demand letter.
The issuer must fail to pay the amount of the check, or make arrangements for full payment, within five banking days from receipt.
The offended party must file the criminal complaint within the applicable prescriptive period, generally four years for BP 22.

BP 22 itself states that a dishonored check, when presented within 90 days from the date of the check, becomes prima facie evidence of knowledge of insufficient funds unless the maker or drawer pays or arranges full payment within five banking days after receiving notice that the check was not paid. The penalty under BP 22 is imprisonment of 30 days to one year, a fine of up to double the amount of the check but not exceeding ₱200,000, or both. (Supreme Court E-Library)

Because BP 22 is a special law, prescription is governed by Act No. 3326, which provides a four-year period for offenses punished by imprisonment of more than one month but less than two years. (Supreme Court E-Library) In People v. Pangilinan, the Supreme Court treated the reckoning point as the period when the accused was notified of the dishonor and the five-day grace period had elapsed. (Supreme Court E-Library)

What BP 22 Actually Punishes

BP 22 does not simply punish a person for failing to pay a debt. It punishes the act of making, drawing, and issuing a worthless check that is later dishonored.

The usual elements are:

The accused made, drew, and issued a check to apply on account or for value.
The accused knew, at the time of issuance, that there were no sufficient funds or credit with the drawee bank.
The check was dishonored for insufficiency of funds, lack of credit, account closed, or a similar reason.

The Supreme Court has repeatedly explained that the prosecution must prove these elements beyond reasonable doubt. In Resterio v. People, the Court also stressed that the check may be covered even if issued as a guarantee, deposit, or evidence of a pre-existing obligation, because BP 22 focuses on putting a worthless check into circulation. (Supreme Court E-Library)

This is why many BP 22 cases turn not on whether the check bounced — that is often easy to prove — but on whether the issuer actually received written notice of dishonor and still failed to pay within five banking days.

Why the Demand Letter Matters So Much

A BP 22 demand letter is not just a collection letter. It is the document that gives the check issuer formal notice that the check was dishonored and gives the issuer the legal opportunity to avoid prosecution by paying or arranging full payment within five banking days.

The notice should be:

Written
Addressed to the maker, drawer, or issuer of the check
Clear about the fact of dishonor
Specific about the check number, bank, date, payee, and amount
Accompanied, when possible, by a copy of the bank’s check return slip or notice of dishonor
Served in a way that creates reliable proof of receipt

The Supreme Court has said that a mere oral demand is not enough. In BP 22 cases, the written notice of dishonor is indispensable before conviction can follow, and the lack of written notice can be fatal to the prosecution. (Supreme Court E-Library)

Demand Letter vs. Notice of Dishonor

People often use “demand letter” and “notice of dishonor” interchangeably. In practice, one document can serve both purposes if it clearly says:

The check was presented for payment.
The drawee bank refused payment.
The reason for dishonor was, for example, “DAIF,” “NSF,” “Account Closed,” or “Payment Stopped.”
The issuer must pay the amount or make arrangements for full payment within five banking days from receipt.

A simple “Please pay your debt” letter may be weaker if it does not clearly inform the issuer that the check was dishonored.

How to Count the Five Banking Days

The five-day period under BP 22 is counted in banking days, not ordinary calendar days. Banking days usually exclude Saturdays, Sundays, and bank holidays.

The safest way to count is:

Identify the date the issuer actually received the written demand letter.
Do not count the date of receipt as Day 1.
Count only banking days.
File only after the five banking days have expired without full payment or payment arrangements.

Example:

Event	Date	Effect
Issuer receives written demand letter	Monday	Receipt date
First banking day	Tuesday	Day 1
Second banking day	Wednesday	Day 2
Third banking day	Thursday	Day 3
Fourth banking day	Friday	Day 4
Fifth banking day	Monday, assuming no holiday	Day 5
Earliest practical filing date	Tuesday	Five banking days have expired

If there is a Philippine bank holiday in the middle, adjust the count. When prescription is not close, many complainants wait a few extra days to avoid an argument that the case was filed prematurely.

The Four-Year Prescriptive Period for BP 22

The filing deadline most people worry about is the prescriptive period, meaning the time limit for starting the criminal case.

For BP 22, the general prescriptive period is four years because BP 22 is a special law and the penalty includes imprisonment of more than one month but less than two years under Act No. 3326. (Supreme Court E-Library)

In practical BP 22 terms, the safer approach is to compute the four years from the time the offense becomes complete — that is, after:

the check is dishonored;
the issuer receives written notice of dishonor; and
the five banking days to pay have expired.

In People v. Pangilinan, the Supreme Court recognized the four-year period for BP 22 and held that proceedings before the prosecutor can interrupt prescription. The Court noted that aggrieved parties who timely pursue their claims should not be prejudiced by delays in the investigating agencies. (Supreme Court E-Library)

The Supreme Court’s 2025 ruling in People v. Consebido further clarified, prospectively, that the prescriptive period for crimes is tolled upon filing a complaint with the prosecution and the start of summary investigation. (Supreme Court of the Philippines) Since BP 22 is now explicitly included in criminal cases governed by summary procedure in first-level courts, this clarification matters in current practice. (Supreme Court of the Philippines)

Step-by-Step Guide to Filing a BP 22 Case After Demand Letter

1. Present the check for payment as soon as possible

BP 22 gives special evidentiary effect when the check is presented within 90 days from the date of the check. If the check is presented beyond 90 days, the case may become harder because the statutory presumption of knowledge may not arise in the same way.

Keep the original check and secure the bank’s written reason for dishonor.

Common bank notations include:

DAIF — drawn against insufficient funds
NSF — non-sufficient funds
Account Closed
Payment Stopped
Refer to Drawer

2. Prepare a proper written demand letter

The demand letter should identify each bounced check separately. If there are multiple checks, list each check number, date, amount, bank, and reason for dishonor.

For stronger proof, attach a copy of the check return slip or bank notice of dishonor.

3. Serve the demand letter properly

This is where many BP 22 cases fail.

Good methods of service include:

Method	Practical proof to keep
Personal service	Signed receiving copy, ID of recipient if possible, affidavit of service
Registered mail	Registry receipt, registry return card, and affidavit of mailing or testimony of the mailer
Courier	Delivery receipt, tracking confirmation, recipient name/signature, affidavit explaining service
Email or messaging app	Helpful as supporting proof, but risky if used alone

In Resterio v. People, the Supreme Court held that if notice is served by registered mail, the proof should include not only the registry return receipt but also the registry receipt together with the authenticating affidavit of the person who mailed the notice, unless the mailer personally testifies. (Supreme Court E-Library)

In Alburo v. People, the Court also emphasized that the prosecution must prove that the issuer actually received the notice, and that receipt by another person is not automatically enough unless that person is shown to be an authorized agent of the addressee. (Supreme Court E-Library)

4. Wait for the five banking days to expire

If the issuer pays the full amount or makes arrangements for full payment within five banking days, that can prevent BP 22 prosecution. Full payment within this statutory period is treated as a complete defense because the law gives the issuer a chance to avoid criminal prosecution. (Supreme Court E-Library)

Partial payment can help settlement discussions, but it does not automatically erase BP 22 exposure unless the amount due is fully paid or full payment arrangements are made within the legal period.

5. Prepare the complaint-affidavit

The complaint-affidavit should tell the story clearly:

Who issued the check
When and where the check was issued or delivered
Why the check was issued
When it was deposited or presented
How it was dishonored
When the issuer received written notice
How the five banking days expired without full payment

Attach supporting documents in organized order. Prosecutors handle many bounced check complaints, so a clean document set helps avoid delays.

6. File with the proper prosecutor’s office or first-level court process

BP 22 cases are handled in first-level courts such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

The Supreme Court’s Rules on Expedited Procedures in First Level Courts expressly include BP 22 in the criminal cases governed by summary procedure. (Supreme Court of the Philippines) In ordinary practice, complaints are commonly filed with the Office of the City Prosecutor or Provincial Prosecutor, which evaluates whether the case should proceed to court.

Venue is important. BP 22 is treated as a continuing or transitory offense. A case may generally be filed where a material act occurred, such as where the check was drawn, issued, delivered, deposited, presented, or dishonored. In Morillo v. People, the Supreme Court recognized that the place where the check was deposited or presented for encashment can vest jurisdiction in the court. (Supreme Court E-Library)

7. Expect the civil claim to be included

In BP 22 cases, the criminal action is deemed to include the civil action for the amount of the check. No reservation to file a separate civil action is allowed once the BP 22 case is filed, although a civil case filed earlier may have different procedural consequences.

Under Rule 111, the offended party must pay filing fees based on the amount of the check involved. The Supreme Court discussed this rule in Apacible v. People, explaining that BP 22 cases include the corresponding civil action and require payment of docket fees based on the amount of the check. (Supreme Court E-Library)

Documents Usually Needed for a BP 22 Complaint

Document	Why it matters
Original dishonored check	Main evidence of issuance and dishonor
Photocopies of front and back of check	Prosecutor and court copies
Bank return slip or notice of dishonor	Shows the reason the bank refused payment
Demand letter or notice of dishonor	Shows the issuer was formally notified
Proof of receipt	Often the most contested evidence
Affidavit of service or mailing	Strengthens proof that notice was sent and received
Complaint-affidavit	Main sworn narration of the facts
Supporting contract, invoice, promissory note, acknowledgment receipt, loan document, or messages	Shows the check was issued for value or on account
Valid IDs of complainant and witnesses	Required for notarization and filing
Special Power of Attorney, if a representative files	Needed if the payee or company representative cannot personally file
Board secretary’s certificate or authority, for corporations	Shows the representative is authorized to file

For OFWs, foreigners, or complainants abroad, affidavits and SPAs signed outside the Philippines often need consular notarization at a Philippine Embassy or Consulate, or foreign notarization with proper authentication depending on the country and receiving office requirements. For Philippine documents to be used abroad, the DFA Apostille system is the official authentication route; for foreign documents to be used in the Philippines, authentication is usually handled in the country where the document was issued. The DFA’s official Apostille site provides document authentication guidance. (Apostille Philippines)

Common Mistakes That Cause BP 22 Cases to Fail

Counting from the date the demand letter was sent, not received

The five banking days start from receipt, not from mailing, courier pickup, email sending, or notarization of the demand letter.

If you cannot prove receipt, the accused may argue that the five-day period never began.

Relying only on verbal demands

Calls, texts, and personal conversations may show collection efforts, but they are usually not enough for BP 22. The notice of dishonor must be written.

Weak proof of registered mail service

A registry return card alone may not be enough. Keep the registry receipt and prepare an affidavit of mailing. The person who mailed the notice should be available to testify if necessary.

Filing too early

If the complaint is filed before the five banking days expire, the respondent may argue that the statutory grace period was not respected.

Waiting until the last months of the four-year period

Even if filing with the prosecutor can interrupt prescription, delays create risk. Lost documents, changed addresses, unavailable witnesses, prosecutor backlog, and venue issues can all complicate the case.

Not organizing multiple checks separately

Each bounced check may be treated as a separate BP 22 count. For multiple checks, prepare a table showing:

Check number
Date
Amount
Bank
Date deposited
Reason for dishonor
Date demand letter was received
Expiry of five banking days

Assuming settlement automatically ends the criminal case

Payment after the five banking days may help resolve the civil liability and may influence the prosecutor or court, but it does not automatically extinguish criminal liability once the offense has already been completed.

Forgetting the corporate signatory rule

If the check was issued by a corporation, company, or entity, BP 22 states that the person or persons who actually signed the check for the entity may be liable. (Supreme Court E-Library)

What Happens After Filing

After the complaint is filed, the prosecutor evaluates the affidavits and documents. The respondent may be required to submit a counter-affidavit. If the prosecutor finds sufficient basis, an Information is filed in the proper first-level court.

Under the expedited procedure framework, BP 22 cases are intended to move faster than ordinary criminal cases. The Supreme Court has stated that BP 22 is explicitly included under summary procedure in first-level courts, with arraignment and pre-trial conducted under continuous trial guidelines. (Supreme Court of the Philippines)

If the case reaches court, possible outcomes include:

Dismissal if the prosecution evidence is insufficient
Settlement or compromise on the civil aspect
Conviction with fine, imprisonment, or both
Acquittal, especially where written notice and receipt are not proven
Civil liability judgment for the amount of the check, depending on the evidence

Although BP 22 still allows imprisonment, Supreme Court Administrative Circular No. 13-2001 clarified that Administrative Circular No. 12-2000 created a rule of preference for imposing a fine alone in appropriate cases, without removing imprisonment as a possible penalty. (Lawphil)

BP 22 vs. Estafa for Bounced Checks

A bounced check may sometimes lead to both a BP 22 complaint and an estafa complaint under Article 315 of the Revised Penal Code, but they are not the same.

Issue	BP 22	Estafa by bounced check
Main focus	Issuing a worthless check	Fraud or deceit causing damage
Intent to defraud	Not the main issue	Essential
Legal basis	Batas Pambansa Blg. 22	Revised Penal Code, Article 315
Demand letter	Important for notice and five-day period	Often important to show damage and nonpayment, depending on facts
Civil amount	Deemed included in BP 22 criminal action	Civil liability may also arise

BP 22 itself says prosecution under the law is without prejudice to liability under the Revised Penal Code. (Supreme Court E-Library)

Frequently Asked Questions

How many days after a BP 22 demand letter can I file a case?

You can generally file after the issuer receives the written demand letter and fails to pay or arrange full payment within five banking days. Count banking days from actual receipt, excluding weekends and bank holidays.

Is the BP 22 deadline five days or four years?

Both periods matter, but they serve different purposes. The five banking days is the issuer’s chance to pay after receiving notice. The four years is the general prescriptive period for filing the BP 22 criminal complaint.

Does the four-year period start from the check date?

Not usually. In BP 22 practice, the safer reckoning point is after dishonor, actual receipt of written notice, and expiration of the five banking days. Still, because dates can be contested, file as early as possible instead of waiting near the four-year mark.

What if the issuer refuses to receive the demand letter?

Refusal can become evidence, but it must be documented carefully. Personal service should be supported by an affidavit describing the attempt, date, place, persons present, and refusal. For registered mail or courier, keep all proof of attempted delivery, notices, and returns.

Can text messages or emails replace the written demand letter?

They may help show communication, but relying on them alone is risky. Courts usually look for a written notice of dishonor and clear proof that the issuer received it. A formal demand letter with reliable proof of service is still the safer practice.

Can I file BP 22 if the check was issued as a guarantee?

Yes, depending on the facts. The Supreme Court has recognized that BP 22 can cover checks issued as a guarantee, deposit, or evidence of an obligation. The prosecution still needs to prove issuance, dishonor, written notice, receipt, and failure to pay within the five banking days.

What if the check issuer is abroad?

A BP 22 case may still be possible if material acts occurred in the Philippines, such as issuance, delivery, deposit, presentment, or dishonor. The bigger practical issues are locating the accused, serving processes, and proving receipt of the demand letter. If the complainant is abroad, affidavits and authority documents should be properly notarized, consularized, or authenticated as required.

Do I need to go to the barangay first?

BP 22 is commonly handled through the prosecutor and first-level court process, not ordinary barangay collection. However, if there is a separate civil dispute between individuals living in the same city or municipality, barangay conciliation questions may arise in some situations. Do not let barangay proceedings consume the prescriptive period.

Can payment after filing dismiss the BP 22 case?

Payment after filing can settle or reduce the civil claim and may affect how the prosecutor or court handles the case, but it does not automatically erase criminal liability. Payment within the five banking days after receipt of notice is the legally important period for avoiding prosecution.

What is the biggest defense in BP 22 cases?

One of the strongest defenses is lack of proof that the accused actually received written notice of dishonor. Without proof of receipt, the prosecution may fail to establish the presumption of knowledge and the opportunity to pay within five banking days.

Key Takeaways

BP 22 cases should generally be filed after five banking days from the issuer’s receipt of written notice of dishonor.
The general prescriptive period for BP 22 is four years.
The demand letter must be written, and actual receipt must be proven.
The five banking days are counted from receipt, not from the date the letter was prepared or mailed.
Filing with the prosecutor can interrupt prescription under current Supreme Court doctrine.
Keep the original check, bank return slip, demand letter, proof of receipt, and affidavit of service or mailing.
BP 22 cases are now expressly covered by expedited procedures in first-level courts.
The civil claim for the amount of the check is generally included in the BP 22 criminal action.
Many BP 22 cases are won or lost on documentation, especially proof that the issuer received the demand letter.