A BP 22 demand letter creates two urgent questions: How long does the check issuer have to pay? and how long does the complainant have to file the criminal case? In the Philippines, these are not the same period. The issuer gets five banking days from actual receipt of written notice of dishonor to pay or make full payment arrangements. The criminal prescriptive period for BP 22 is generally four years, but the demand letter does not automatically “restart” or safely extend that four-year period.

In practical terms: if you hold a bounced check, do not wait just because you already sent a demand letter. If you issued the check, do not ignore the demand letter because the five-banking-day period can become crucial evidence in a criminal case.

What BP 22 means in simple terms

BP 22, or the Bouncing Checks Law, penalizes the making, drawing, and issuing of a check that is later dishonored because of insufficient funds, closed account, or similar lack of credit.

Under Batas Pambansa Blg. 22, the prosecution must generally prove:

The accused made, drew, and issued a check to apply on account or for value.
At the time of issuance, the accused knew that there were no sufficient funds or credit with the drawee bank.
The check was later dishonored by the bank for insufficiency of funds or credit, or would have been dishonored for the same reason if the drawer had not stopped payment.

BP 22 is different from estafa under the Revised Penal Code. Estafa focuses on fraud or deceit. BP 22 focuses on the issuance of a worthless check and its effect on public confidence in commercial transactions. A bounced check may sometimes lead to both BP 22 and estafa issues, but they have different elements.

The short answer: what is the BP 22 prescriptive period after a demand letter?

For BP 22, the general prescriptive period is four years because BP 22 is a special law punishable by imprisonment of more than one month but less than two years. This comes from Act No. 3326, the law governing prescription of offenses under special laws.

The confusing part is the demand letter.

A demand letter is important because it gives the issuer notice that the check was dishonored and gives the issuer a statutory chance to pay. But the demand letter is not the same as the four-year filing deadline.

A safer way to think about the timeline is:

Event	Legal effect
Check is issued	One element of BP 22 begins here
Check is deposited or presented within 90 days from its date	Important for the presumption of knowledge under Section 2 of BP 22
Bank dishonors the check	Usually the practical starting point for acting on a BP 22 case
Written notice of dishonor/demand letter is actually received by the issuer	Starts the five-banking-day period to pay or arrange full payment
Five banking days pass without payment or full arrangement	The legal presumption of knowledge may arise
Complaint is filed with the prosecutor or proper investigating office	Under current Supreme Court doctrine, this can stop prescription prospectively

Because prescription issues can become technical, complainants normally use the earliest safe reckoning point: act within four years from dishonor, not four years from a late demand letter.

Legal basis for the four-year prescriptive period

BP 22 itself does not state its own prescriptive period. Because of that, Act No. 3326 applies.

Section 1 of Act No. 3326 provides that violations penalized by special acts prescribe:

after one year, if punishable only by a fine or by imprisonment of not more than one month;
after four years, if punishable by imprisonment of more than one month but less than two years;
after eight years, if punishable by imprisonment of two years or more but less than six years; and
after twelve years, for other offenses punishable by imprisonment of six years or more.

BP 22 carries imprisonment of not less than 30 days but not more than one year, or a fine, or both. This places BP 22 within the four-year category.

Section 2 of Act No. 3326 also states that prescription begins from the day of the commission of the violation, or from discovery if it was not known at the time, and is interrupted when proceedings are instituted against the guilty person.

Does the demand letter start the four-year prescriptive period?

Not in the simple way many people think.

The demand letter mainly affects the five-banking-day period and the prosecution’s proof of the issuer’s knowledge of insufficient funds. It should not be treated as a tool to extend the BP 22 filing deadline indefinitely.

For example:

Scenario	Practical consequence
Check bounced on January 10, 2023; demand letter received January 20, 2023	The five-banking-day period is counted from receipt on January 20, 2023
Check bounced on January 10, 2023; demand letter sent only in December 2026	The complainant may already be dangerously close to the four-year prescription issue
Demand letter was sent but receipt cannot be proven	The criminal case may fail for lack of proof of notice, even if the check really bounced
Demand letter was received after the complaint was filed	It may not satisfy the purpose of giving the issuer a chance to pay before prosecution

In real practice, the safer rule for complainants is: send the demand letter promptly after dishonor, prove receipt, wait five banking days, then file before the four-year period becomes an issue.

Why the five-banking-day period matters

Section 2 of BP 22 says that when a check is presented within 90 days from its date and is refused by the bank for insufficient funds or credit, this may be prima facie evidence of the issuer’s knowledge of insufficiency unless the issuer pays the holder or makes full payment arrangements within five banking days after receiving notice that the check was not paid.

“Prima facie evidence” means evidence that is enough to establish a fact unless it is rebutted.

So the five-banking-day period is the issuer’s statutory chance to avoid the presumption of knowledge. It is not the same as the four-year deadline for filing the case.

The Supreme Court has repeatedly emphasized that the written notice of dishonor protects due process because it gives the check issuer the opportunity to pay and avoid criminal prosecution. In Resterio v. People, the Court stressed that the notice must be written and, if served by registered mail, proof should include not just the return card but also the registry receipt and the affidavit or testimony of the person who mailed it. In Alburo v. People, the Court acquitted the accused because the prosecution failed to prove actual receipt of the notice of dishonor.

What counts as a valid BP 22 demand letter?

A good BP 22 demand letter is not just a collection letter. It should clearly show that the issuer was informed that the specific check was dishonored.

A practical demand letter should include:

the check number;
drawee bank and branch, if available;
check date;
amount;
payee or holder;
date of deposit or presentment;
reason for dishonor, such as “DAIF,” “Account Closed,” or “Drawn Against Insufficient Funds”;
demand to pay the full amount;
statement that the issuer has five banking days from receipt to pay or make full payment arrangements;
date and signature of the sender or counsel.

The strongest proof is not merely that the letter was prepared. The crucial point is receipt by the check issuer.

Useful proof of receipt may include:

Method of service	Useful proof
Personal service	Receiving copy signed and dated by the issuer
Personal service through authorized representative	Proof that the recipient was authorized to receive for the issuer
Registered mail	Registry receipt, registry return card, affidavit/testimony of mailing
Courier	Delivery receipt showing recipient, date, address, and tracking details
Email or messaging app	Riskier; useful only if identity, receipt, and contents can be clearly proven

A common weakness in BP 22 cases is that the complainant has a demand letter but cannot prove when and how the accused actually received it.

When is a BP 22 case considered filed for purposes of stopping prescription?

This is one of the most important updates.

For years, there was confusion because BP 22 cases are covered by summary procedure in first-level courts. Some rulings held that prescription was interrupted only when the complaint or information was filed in court, not when the complaint was filed with the prosecutor.

In 2025, the Supreme Court clarified in People v. Consebido that, prospectively, the prescriptive period for crimes, including those under the 2022 Rules on Expedited Procedures in the First Level Courts, stops once a complaint is filed with the Department of Justice or prosecution office and summary investigation begins. The Supreme Court’s public summary explains that this abandoned the 2023 rulings in Republic v. Desierto and Corpus v. People on this point and that the new rule applies prospectively. See the Supreme Court’s release on filing a complaint before the DOJ stopping prescription and the case page for People v. Consebido, G.R. No. 258563, April 2, 2025.

For ordinary readers, the practical lesson is simple:

Do not wait until the last few weeks of the four-year period.
File with the proper prosecution office as early as possible after the five-banking-day period expires.
Keep proof that the complaint was received and docketed.

Step-by-step guide for a payee or holder of a bounced check

1. Get the dishonored check and bank return slip

Secure the original check and the bank’s return slip or notice showing the reason for dishonor.

Common bank markings include:

DAIF — drawn against insufficient funds;
Account Closed;
Refer to Drawer;
No Arrangement;
Payment Stopped, if lack of funds would still have caused dishonor.

2. Check the 90-day presentment issue

BP 22’s presumption of knowledge applies when the check is presented within 90 days from the date of the check. If the check was deposited beyond 90 days, the case is not automatically impossible, but the prosecution may face a heavier proof problem.

3. Send a written notice of dishonor or demand letter

Send the letter after dishonor. Make sure the check details are clear. Use a method that can prove actual receipt.

4. Count five banking days from actual receipt

Banking days generally exclude Saturdays, Sundays, and bank holidays. If the issuer received the letter on a Monday and there are no holidays, the five banking days usually run through the following Monday, depending on the exact calendar.

Do not file too early. Filing before the issuer receives notice and before the five banking days expire can create a due process problem.

5. Prepare the complaint-affidavit

A BP 22 complaint package commonly includes:

complaint-affidavit;
photocopy and original of the dishonored check;
bank return slip or check return memo;
demand letter or notice of dishonor;
proof of receipt of the demand letter;
affidavits of witnesses, if any;
valid government ID of the complainant;
secretary’s certificate or board authorization if the complainant is a corporation;
special power of attorney if filed through a representative;
proof of the underlying transaction, such as invoice, loan document, acknowledgment receipt, purchase order, or agreement.

6. File with the proper prosecutor’s office

File in the city or province connected with the offense. Venue may depend on where the check was issued, delivered, or dishonored, and where the relevant acts occurred. In practice, prosecutors examine the documents closely because BP 22 venue can be contested.

7. Monitor docketing and prosecutor action

After filing, get the docket number and proof of filing. The respondent may be required to submit a counter-affidavit. If probable cause is found, the prosecutor files the information in the proper first-level court, such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

If you received a BP 22 demand letter

Do not ignore it. The five-banking-day period can move quickly.

Practical steps:

Note the exact date and manner of receipt.
Keep the envelope, courier wrapper, registry notice, email trail, or signed receiving copy.
Check whether the letter correctly identifies the check.
Verify the bank reason for dishonor.
If you can pay in full, do it within five banking days and secure written proof.
If payment will be made through arrangement, make sure it is a clear full-payment arrangement, preferably written and acknowledged.
Keep receipts, bank deposit slips, screenshots, settlement documents, and written acknowledgments.

Partial payment may help settlement, but it does not always erase BP 22 exposure unless it satisfies the amount due or results in a clear full-payment arrangement within the statutory period.

Common mistakes that hurt BP 22 cases

Mistake 1: Treating the demand letter as the filing deadline

The five-banking-day period and four-year prescriptive period are different. A demand letter should not be used to delay filing until the case is near prescription.

Mistake 2: Sending only oral reminders

Text messages, phone calls, or verbal demands may help show background facts, but Supreme Court rulings require written notice of dishonor for the legal presumption under BP 22.

Mistake 3: Failing to prove receipt

A demand letter in your file is not enough. You need proof that the accused actually received it, or that it was received by someone legally authorized to receive for the accused.

Mistake 4: Filing before five banking days expire

The law gives the issuer a chance to pay. Filing too early can create an argument that the BP 22 case was premature.

Mistake 5: Waiting too long after dishonor

Even if you send a valid demand letter, prescription may still become a problem if the complaint is filed too late.

Mistake 6: Assuming payment automatically dismisses everything

Payment within five banking days from receipt of notice can be a strong defense. Payment after that period may reduce or settle the civil aspect, but it does not always automatically erase criminal liability once the offense has already been pursued.

BP 22, civil liability, and filing fees

A BP 22 criminal action generally includes the corresponding civil action. Under Rule 111 of the Rules of Criminal Procedure, the criminal action for violation of BP 22 is deemed to include the civil action, and no reservation to file the civil action separately is allowed.

This means the complainant is not only asking for punishment. The case may also involve recovery of the face value of the check and other proper amounts.

In Apacible v. People, the Supreme Court discussed that because the civil action is included in BP 22 cases, filing fees based on the amount of the check are required. The Court explained that this special rule was intended to reduce multiple suits and discourage using BP 22 cases as cost-free collection cases.

Special situations involving OFWs, foreigners, and companies

If the complainant is abroad

A complainant abroad may need a representative in the Philippines. Commonly required documents include:

special power of attorney;
complaint-affidavit signed before a Philippine consulate, or properly notarized and authenticated/apostilled when applicable;
copies of IDs and contact details;
authority to receive notices and appear when required.

If the documents are executed abroad, Philippine prosecutors and courts may require proper authentication depending on the country and the document type.

If the complainant is a corporation

A corporation usually acts through an authorized officer or representative. The prosecution office may ask for:

secretary’s certificate;
board resolution;
proof of authority of the signing officer;
corporate documents showing the complainant’s identity;
affidavit of the employee who personally handled the transaction.

If the check was corporate

BP 22 states that where the check is drawn by a corporation, company, or entity, the person or persons who actually signed the check on behalf of the drawer are liable under the Act. The corporation itself is not jailed, but the human signatory may face criminal liability.

Sample timeline for counting BP 22 periods

Assume these facts:

Event	Date
Check date	January 15, 2026
Check deposited	January 20, 2026
Bank dishonor	January 21, 2026
Written demand letter received	February 3, 2026
No holidays; five banking days expire	Around February 10, 2026
Complaint filed with prosecutor	March 1, 2026

In this example, the complainant acted safely because:

the check was presented within 90 days;
written notice was received;
five banking days were allowed to pass;
the complaint was filed long before any four-year prescription issue became serious.

Now compare this risky example:

Event	Date
Check dishonored	January 21, 2022
Demand letter first sent	December 20, 2025
Five banking days expire	Late December 2025 or early January 2026
Complaint filed	February 2026

This may still require legal analysis, but it is risky because the complainant waited almost four years after dishonor before seriously pursuing the BP 22 case. The better practice is to send notice and file much earlier.

Frequently Asked Questions

How many years before a BP 22 case prescribes in the Philippines?

A BP 22 case generally prescribes in four years under Act No. 3326 because BP 22 is a special law punishable by imprisonment of more than one month but less than two years.

Does the BP 22 prescriptive period start from the demand letter?

Do not assume that it does. The demand letter is mainly for notice of dishonor and the five-banking-day opportunity to pay. For safety, complainants should act within four years from dishonor and should not rely on a late demand letter to extend the filing deadline.

How many days do I have to pay after receiving a BP 22 demand letter?

You have five banking days from actual receipt of written notice of dishonor to pay the holder or make arrangements for full payment. Banking days exclude weekends and bank holidays.

Can a BP 22 case be filed without a demand letter?

A written notice of dishonor is crucial. Without proof that the accused received written notice and failed to pay within five banking days, the prosecution may be unable to establish the presumption of knowledge of insufficient funds. Courts have repeatedly treated lack of proper written notice as fatal to conviction.

Is a text message enough as a BP 22 demand letter?

A text message is risky. BP 22 jurisprudence emphasizes written notice of dishonor and proof of actual receipt. A formal written demand letter with reliable proof of service is much stronger.

What if the accused refuses to receive the demand letter?

Refusal may still be relevant, but it must be proven clearly. The complainant should preserve courier notes, registry records, affidavits, and other proof showing that the letter was properly sent or tendered and that refusal occurred.

Does full payment dismiss a BP 22 case?

Full payment within five banking days from receipt of notice is a strong defense because it prevents the statutory presumption from arising. Payment after that period may help settle the civil liability or influence the handling of the case, but it does not always automatically erase criminal exposure.

Can I still collect the money if the BP 22 criminal case fails?

Yes, civil liability may still be considered depending on the case facts. Courts have acquitted accused persons of BP 22 for lack of proof of notice while still recognizing civil obligations arising from the check or underlying transaction.

Is BP 22 still punishable by imprisonment?

Yes. Supreme Court Administrative Circulars created a preference for imposing a fine in appropriate circumstances, but they did not remove imprisonment as an available penalty. Administrative Circular No. 13-2001 clarified that imprisonment remains an alternative penalty, subject to the judge’s discretion.

Where do I file a BP 22 complaint?

A BP 22 complaint is usually filed with the prosecutor’s office connected to the place where the offense occurred, such as where the check was issued, delivered, or dishonored. Venue can be technical, so the complaint-affidavit should clearly state the relevant places and attach supporting documents.

Key Takeaways

BP 22 generally has a four-year prescriptive period under Act No. 3326.
The demand letter does not simply restart the four-year period.
The demand letter is crucial because it gives the issuer five banking days from actual receipt to pay or arrange full payment.
The notice of dishonor should be written, specific, and provably received by the check issuer.
A complainant should act quickly after dishonor: send written notice, wait five banking days, then file before prescription becomes an issue.
Under current Supreme Court doctrine in People v. Consebido, prospectively, filing the complaint with the DOJ/prosecutor and the start of summary investigation can stop the running of prescription.
Weak proof of receipt is one of the most common reasons BP 22 prosecutions fail.
Payment within the five-banking-day period is very different from payment made only after a criminal complaint has already been pursued.