If you are holding a bounced check and wondering how long you have to file a BP 22 case in the Philippines, the safest practical answer is: act immediately. The criminal offense under Batas Pambansa Blg. 22, or the Bouncing Checks Law, generally prescribes in four years, but several shorter deadlines and evidence requirements can make or break the case long before the four-year period ends. The check must be properly presented, the issuer must receive a written notice of dishonor, the issuer must be given five banking days to pay or arrange payment, and the complaint must be filed with the proper prosecution office or court before prescription becomes an issue.

What BP 22 Means in the Philippines

BP 22 punishes the making, drawing, and issuing of a check that is later dishonored because of insufficient funds, lack of credit, account closure, or a stop-payment order where the check would have bounced anyway.

In simple terms, BP 22 is about the issuance of a worthless check. It is not exactly the same as ordinary non-payment of debt. A person can owe money without committing BP 22. But once that person issues a check that bounces under the conditions covered by law, criminal liability may arise.

Under Batas Pambansa Blg. 22, the penalty is imprisonment of not less than 30 days but not more than one year, or a fine of not less than but not more than double the amount of the check, with the fine not exceeding ₱200,000, or both, at the court’s discretion. If the check was issued by a corporation, company, or entity, the person or persons who actually signed the check may be held liable. (Supreme Court E-Library)

BP 22 is different from estafa under Article 315 of the Revised Penal Code. Estafa usually requires deceit or fraud. BP 22 focuses on the act of issuing a bouncing check, because the law protects the public’s confidence in checks as a substitute for cash.

The Main BP 22 Filing Deadline: Four Years

The prescriptive period for filing a BP 22 criminal case is generally four years.

“Prescription” means the legal deadline for prosecuting an offense. Once the offense prescribes, the State can no longer validly prosecute the accused for that offense.

BP 22 itself does not state its own prescriptive period. Because BP 22 is a special law, the applicable rule is Act No. 3326, which provides prescription periods for violations penalized by special acts. Special-law offenses punishable by imprisonment of more than one month but less than two years prescribe after four years. (Supreme Court E-Library)

The Supreme Court confirmed this in Panaguiton, Jr. v. Department of Justice, where it held that violations of BP 22 prescribe in four years under Act No. 3326 because BP 22 carries imprisonment of 30 days to one year. (Lawphil)

Practical timeline

Event	Why it matters
Check is issued	The transaction begins, and the check date will matter for presentment.
Check is presented to the bank	BP 22 uses a 90-day presentment period for the presumption of knowledge of insufficient funds.
Bank dishonors the check	The reason for dishonor should appear on the check or bank notice.
Written notice of dishonor is received by the issuer	This triggers the five-banking-day period to pay or arrange payment.
Five banking days pass without full payment or arrangement	The BP 22 case becomes stronger because the statutory presumption may arise.
Complaint is filed	This must be done before prescription defeats the case.

Do Not Confuse the Four-Year Period With the 90-Day and Five-Day Rules

Many people search for the “BP 22 deadline” and get confused because there are three important time periods:

Time period	What it means	Who should worry about it
90 days from the date of the check	The check should be presented within this period to create prima facie evidence of knowledge of insufficient funds.	Complainant/payee/check holder
Five banking days from receipt of written notice of dishonor	The issuer has this period to pay the check amount or make arrangements for full payment.	Check issuer/drawer
Four years	The general prescriptive period for prosecuting BP 22.	Complainant, prosecutor, accused

Section 2 of BP 22 states that if a check is presented within 90 days from its date and is dishonored for insufficient funds or credit, this is prima facie evidence of the issuer’s knowledge of insufficient funds, unless the issuer pays the holder or makes arrangements for full payment within five banking days after receiving notice that the check was not paid. (Supreme Court E-Library)

This means the four-year deadline is not a reason to wait. In practice, delay creates evidence problems: lost bank records, missing registry receipts, unavailable witnesses, changed addresses, and difficulty proving actual receipt of the demand letter.

When Does the BP 22 Deadline Start?

In practical prosecution work, lawyers and prosecutors usually count from the point when the violation becomes prosecutable, commonly tied to the dishonor of the check and the issuer’s failure to pay after receipt of written notice.

In Panaguiton, the lower proceedings treated the four-year period as having started from the dates when the checks were dishonored, and the Supreme Court discussed BP 22 prescription under Act No. 3326 as four years from the commission of the offense or discovery. (Lawphil)

For ordinary readers, the safest approach is this:

Do not wait for the fourth year.
Count conservatively from the earliest relevant date: the date of dishonor or the date the check holder discovered the dishonor.
Prepare and serve the written notice of dishonor as soon as possible.
File the complaint once the five banking days have passed without payment or acceptable full-payment arrangement.

If the case is near the four-year mark, the exact computation can become highly technical, especially if there were prior filings, dismissals, appeals, or prosecutor delays.

Filing With the Prosecutor Can Stop the Running of Prescription

A common fear is this: “What if I filed with the prosecutor on time, but the prosecutor filed the Information in court after the four-year period?”

This has been a major issue in Philippine jurisprudence.

In Panaguiton, Jr. v. DOJ, the Supreme Court held that filing the complaint-affidavit with the prosecutor interrupted the prescriptive period for BP 22. The Court explained that the complainant should not lose the case because of delays in government investigation that are beyond the complainant’s control. (Lawphil)

The Supreme Court’s more recent 2025 ruling in People v. Consebido also clarified that for crimes, including those under the 2022 Rules on Expedited Procedures in the First Level Courts, prescription stops once a complaint is filed with the DOJ and summary investigation begins. The Court said this rule applies prospectively. (Supreme Court of the Philippines)

This matters because BP 22 is now expressly covered by the Rule on Summary Procedure under the 2022 Rules on Expedited Procedures in First Level Courts. The Supreme Court has stated that BP 22 violations are explicitly included, and that criminal cases covered by the Rules may be filed either by complaint or information. (Supreme Court of the Philippines)

Legal Elements of a BP 22 Case

To succeed in a BP 22 case, the prosecution generally needs to prove:

The accused made, drew, or issued a check to apply on account or for value.
The check was dishonored by the drawee bank for insufficient funds or credit, or would have been dishonored for the same reason despite a stop-payment order.
At the time of issuance, the accused knew that there were insufficient funds or credit with the bank to cover the check upon presentment.

The third element is often the hardest to prove because it involves the issuer’s state of mind. BP 22 solves this through a legal presumption, but that presumption usually depends on proper presentment, dishonor, written notice, and failure to pay within five banking days.

In Alburo v. People, the Supreme Court emphasized that the presumption arises only if the prosecution proves that the check was presented within 90 days, the drawer received notice of dishonor, and the drawer failed to pay or arrange full payment within five banking days. The Court also said that a written notice of dishonor is indispensable and that a mere oral demand is not enough. (Supreme Court E-Library)

Step-by-Step Guide: How to File a BP 22 Complaint

1. Secure the original dishonored check

Keep the original check. Do not staple it unnecessarily, write extra notes on it, or lose the bank markings. The check is a key piece of evidence.

The bank’s reason for dishonor should ideally be stamped, written, or attached. Common reasons include:

“Drawn Against Insufficient Funds” or DAIF
“Account Closed”
“No Sufficient Funds” or NSF
“Stop Payment”
“Refer to Drawer”

Under BP 22, the drawee bank should state the reason for dishonor or refusal to pay. If there are insufficient funds or credit, that fact should be explicitly stated. (Supreme Court E-Library)

2. Get bank records and return slips

Ask the bank for documents showing presentment and dishonor. These may include:

Returned check slip
Bank memo
Debit/credit advice
Check return notice
Certification from the bank, if available

Banks may have internal retention periods, so request records early.

3. Send a written notice of dishonor or demand letter

The notice should be in writing and should clearly state:

The check number
Bank and branch
Date and amount of the check
Date of dishonor
Reason for dishonor
Demand to pay the full amount
Statement that the issuer has five banking days from receipt to pay or arrange full payment

The demand letter may be sent by personal service, registered mail, courier, or other modes that can prove actual receipt. The important point is not just sending the letter; it is proving that the issuer received it.

4. Preserve proof of receipt

This is where many BP 22 cases fail.

If served personally, prepare an acknowledgment copy signed by the issuer, with the date of receipt. If refused, document the refusal through affidavits of the server and witnesses.

If sent by registered mail, keep:

Copy of the demand letter
Registry receipt
Registry return card
Affidavit of mailing or testimony of the person who mailed it

In Lim v. People, the Supreme Court cited the rule that if written notice is served by registered mail, proof of service consists not only of the registry return receipt but also the registry receipt together with the authenticating affidavit of the person mailing the notice, unless the mailer personally testifies in court. (Supreme Court E-Library)

5. Wait five banking days from receipt

The issuer has five banking days from receipt of the notice to pay the amount due or make arrangements for full payment.

“Banking days” usually exclude Saturdays, Sundays, and bank holidays. Count carefully. For example, if the issuer receives the notice on a Monday and there are no holidays, the five banking days are usually Tuesday, Wednesday, Thursday, Friday, and the following Monday.

6. Prepare the complaint-affidavit

A BP 22 complaint usually includes:

Document	Purpose
Complaint-affidavit	Narrates the facts and identifies the accused.
Original check or clear copy	Proves issuance and details of the check.
Bank return slip or dishonor notice	Proves dishonor and reason.
Demand letter or notice of dishonor	Shows written notice.
Proof of receipt	Shows the issuer actually received notice.
Affidavits of witnesses	Supports issuance, delivery, dishonor, mailing, and non-payment.
Government IDs and contact details	Usually required for identification and records.
Secretary’s certificate or board authority	Needed if the complainant is a corporation filing through a representative.
Special power of attorney	Often needed if the complainant is abroad or represented by another person.

7. File with the proper office

BP 22 complaints are commonly filed with the Office of the City Prosecutor or Provincial Prosecutor where venue is proper. Venue often depends on where the check was issued, delivered, or dishonored, and where the essential acts happened.

If the case proceeds, it will generally be handled by a first-level court such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

Under the 2022 Rules on Expedited Procedures, BP 22 is covered by summary procedure in first-level courts. These rules were designed for faster handling of covered cases. (Supreme Court of the Philippines)

Common BP 22 Deadline Mistakes

Waiting too long because “four years pa naman”

The four-year period is the outer limit, not a recommended filing schedule. Many cases become weak because the complainant waits too long to send the demand letter or gather proof.

Sending only a text message or verbal demand

A phone call, Viber message, Messenger chat, or verbal demand may help show collection efforts, but it is risky to rely on that as the statutory notice of dishonor. Supreme Court cases repeatedly emphasize the need for written notice and proof of receipt.

Failing to prove actual receipt of the demand letter

It is not enough to say, “I mailed it.” The prosecution must prove receipt beyond reasonable doubt in a criminal case. In Alburo v. People, the Supreme Court acquitted the accused because the prosecution failed to clearly prove that the issuer received the notice of dishonor. (Supreme Court E-Library)

Filing without checking the correct accused

If the check belongs to a corporation, the person who actually signed the check on behalf of the corporation may be liable under BP 22. Naming only the company or the wrong officer can create serious problems.

Assuming payment after five days automatically ends everything

Payment within five banking days from receipt of notice is a complete defense to BP 22. Payment after that period may affect settlement, civil liability, penalty, or the complainant’s willingness to proceed, but it does not automatically erase criminal liability in the same way timely payment under the law does.

What If the Issuer Is Abroad or a Foreigner?

BP 22 can involve Filipinos abroad, overseas Filipino workers, foreign business owners, and expatriates in the Philippines.

Practical issues include:

Serving written notice at the issuer’s last known Philippine address
Proving receipt if the issuer is overseas
Using a special power of attorney if the complainant is abroad
Apostille or consular authentication for documents executed outside the Philippines
Locating the proper venue if the transaction happened in several places

If a complainant is abroad, the complaint-affidavit and special power of attorney may need to be notarized abroad and apostilled under the Apostille Convention, if executed in a country that is a party to the convention. If executed in a non-Apostille country, Philippine consular authentication may still be required.

For foreigners accused in BP 22 cases, the same criminal procedure generally applies. Immigration status does not by itself remove criminal liability for acts committed in the Philippines.

Criminal Case, Civil Claim, or Both?

A BP 22 criminal case usually includes the civil action for the amount of the check. In Lim v. People, the Supreme Court noted that the criminal action for BP 22 is deemed to include the corresponding civil action, and no reservation to file the civil action separately is allowed. (Supreme Court E-Library)

However, if no criminal action has been filed, the payee may also consider a civil case for collection depending on the amount, facts, and evidence.

Under the 2022 Rules on Expedited Procedures, the civil aspect of BP 22 violations is covered by summary procedure if no criminal action has been instituted. The Supreme Court also stated that civil actions and complaints for damages where the claim does not exceed ₱2,000,000 are covered by summary procedure. (Supreme Court of the Philippines)

For smaller money claims, small claims procedure may be an option, especially when the case is essentially collection of a sum of money based on a loan, contract, or other obligation. Small claims are designed to be faster and simpler, but they do not impose criminal liability.

Practical Checklist Before Filing

Before filing a BP 22 complaint, check the following:

Is the check original or clearly identifiable?
Was the check presented to the bank?
Was it dishonored for a BP 22-covered reason?
Do you have the bank return slip or dishonor notation?
Was the written notice of dishonor sent?
Can you prove actual receipt by the issuer?
Have five banking days passed from receipt?
Was there full payment or a documented arrangement for full payment?
Are you still within the four-year prescriptive period?
Are you filing in the correct city or province?
If filing for a company, is the representative properly authorized?
If documents were signed abroad, are notarization and apostille/authentication handled?

Frequently Asked Questions

How long do I have to file a BP 22 case in the Philippines?

The general prescriptive period is four years under Act No. 3326, as applied by the Supreme Court in BP 22 cases. But you should not wait close to the deadline because you still need to complete important evidence steps, especially written notice of dishonor and proof of receipt.

Is the BP 22 deadline counted from the date of the check or the date it bounced?

The safest practical approach is to count conservatively from the date of dishonor or discovery of dishonor, while also checking the check date because BP 22 uses a 90-day presentment period for the presumption of knowledge of insufficient funds. If the case is old, exact computation should be reviewed carefully based on the full timeline.

What is the five-day rule in BP 22?

The five-day rule gives the issuer five banking days from receipt of written notice of dishonor to pay the check amount or make arrangements for full payment. If the issuer does so within that period, it can be a complete defense.

Is a demand letter required before filing BP 22?

A written notice of dishonor is extremely important. The Supreme Court has repeatedly held that written notice and proof of receipt are indispensable for conviction because they trigger the five-banking-day period and support the presumption of knowledge of insufficient funds.

Can I file BP 22 if the issuer paid after receiving the demand letter?

If the issuer paid in full within five banking days from receipt of written notice, BP 22 prosecution becomes difficult because the law gives that opportunity to avoid criminal liability. If payment was made after the five-banking-day period, the legal effect depends on the timing, proof, settlement terms, and case status.

Can I file BP 22 if the check was “account closed”?

Yes. A check dishonored because the account was closed can be covered by BP 22, provided the other elements are proven, including issuance, dishonor, knowledge, written notice, receipt, and failure to pay within five banking days.

Can a company be charged with BP 22?

If the drawer is a corporation, company, or entity, BP 22 states that the person or persons who actually signed the check on behalf of the drawer may be liable. The complaint should carefully identify the signatory and attach proof of the check signing and corporate context.

Can I still collect the money if the BP 22 case prescribed?

Possibly, but the criminal BP 22 remedy may no longer be available if prescription has set in. A civil collection case may still be possible depending on the written obligation, applicable prescriptive period, payments, acknowledgments, and other facts.

Where do I file a BP 22 complaint?

BP 22 complaints are usually filed with the Office of the City Prosecutor or Provincial Prosecutor in the place where venue is proper, such as where the check was issued, delivered, or dishonored, depending on the facts. If filed in court, BP 22 cases are handled by first-level courts under summary procedure.

Does filing with the prosecutor stop prescription?

Under current Supreme Court guidance, filing the complaint with the prosecution office can stop the running of the prescriptive period, especially under the 2025 clarification in People v. Consebido, which applies prospectively. Still, the safest practice is to file well before the four-year deadline and keep proof of the filing date.

Key Takeaways

BP 22 cases generally prescribe in four years under Act No. 3326.
The 90-day presentment period and the five-banking-day notice period are separate from the four-year filing deadline.
A written notice of dishonor and proof that the issuer actually received it are critical.
Filing with the prosecutor can interrupt prescription under current Supreme Court doctrine, but delay is still risky.
BP 22 is covered by summary procedure in first-level courts under the 2022 Rules on Expedited Procedures.
For corporate checks, the actual signatory may be the person criminally liable.
If the case is old, near prescription, involves an overseas party, or has weak proof of notice, the timeline and documents should be reviewed carefully before filing.