For BP 22 bounced check cases in the Philippines, the usual criminal prescriptive period is four years. That means the offended party generally has four years to start the criminal prosecution for violation of Batas Pambansa Blg. 22, commonly called the Bouncing Checks Law. The harder part is knowing when the four years starts, what filing stops the clock, and why a demand letter is not the same as filing a criminal complaint. This article explains those points in practical terms, with the legal bases and real-world steps people usually face before the prosecutor’s office and the first-level courts.

What BP 22 means in simple terms

BP 22 penalizes the making, drawing, and issuance of a check that is later dishonored by the bank because of insufficient funds or credit.

In ordinary language, it is the law commonly used when:

someone issues a check as payment;
the payee deposits or presents the check to the bank;
the bank dishonors or “bounces” the check;
the reason is insufficient funds, closed account, account under garnishment, or a stop-payment order where the account still did not have enough funds; and
after written notice of dishonor, the issuer fails to pay or make full payment arrangements within the period allowed by law.

The official text of the law is available here: Batas Pambansa Blg. 22 on the Supreme Court E-Library.

BP 22 is different from ordinary debt collection. It is also different from estafa, which is a fraud offense under Article 315 of the Revised Penal Code. A bounced check may create:

Possible case	Main issue	Usual purpose
BP 22	Issuing a check that bounced due to insufficient funds or credit	Criminal prosecution under the Bouncing Checks Law
Civil collection case	Recovering the unpaid amount	Collection of money, possibly through small claims or regular civil action
Estafa	Fraud or deceit at the time the transaction was made	Criminal prosecution for swindling, if the facts support deceit

A person may be sued for BP 22 even if the transaction started as a loan, business payment, lease payment, post-dated check arrangement, or installment obligation. But the prosecutor still has to prove the specific legal elements of BP 22.

The short answer: BP 22 prescribes in four years

The prescriptive period for BP 22 is four years because BP 22 is a special penal law, and BP 22 itself does not provide its own prescriptive period.

The applicable law is Act No. 3326, as amended, which governs prescription for violations penalized by special acts. Section 1 of Act No. 3326 provides that offenses punished 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. Because of that penalty range, the Supreme Court has consistently treated BP 22 violations as prescribing in four years.

You can read the statute here: Act No. 3326 on prescription for violations of special laws.

The Supreme Court applied this rule in BP 22 cases such as Panaguiton, Jr. v. Department of Justice, G.R. No. 167571, November 25, 2008 and People v. Pangilinan, G.R. No. 152662, June 13, 2012.

When does the four-year period start?

The safest practical answer is this:

For BP 22, count the four years from the time the offense becomes complete — usually after the check is dishonored, the issuer receives written notice of dishonor, and the issuer fails to pay or make full payment arrangements within five banking days from receipt of that notice.

This matters because BP 22 is not just about the check bouncing. The law gives the issuer a chance to avoid criminal prosecution by paying or arranging full payment within five banking days after receiving notice that the check was not paid by the bank.

Why notice of dishonor matters

Section 2 of BP 22 says that when a check is presented within 90 days from the date of the check and is refused by the bank for insufficient funds or credit, this is prima facie evidence of knowledge of insufficient funds, unless the issuer pays the holder or makes full payment arrangements within five banking days after receiving notice of dishonor.

“Prima facie evidence” means evidence that is sufficient on its face unless contradicted. In BP 22 cases, it helps prove that the issuer knew the account did not have enough funds or credit.

In practice, the written notice of dishonor is crucial because it serves two functions:

it informs the issuer that the check bounced; and
it gives the issuer the legally required five-banking-day opportunity to make the check good.

The Supreme Court has repeatedly stressed that actual receipt of written notice of dishonor must be proven. In Alburo v. People, G.R. No. 196289, August 15, 2016, the Court emphasized that a notice of dishonor must be in writing, and that mere oral notice is not enough. The prosecution must prove receipt of the notice with the level of proof required in criminal cases.

Practical timeline for counting BP 22 prescription

Here is a simplified timeline.

Step	Event	Why it matters
1	Check is issued	This is the act being penalized if the legal elements are later completed
2	Check is presented to the bank	Presentment within 90 days is important for the statutory presumption
3	Bank dishonors the check	The reason for dishonor must be shown, usually by bank stamp or notice
4	Issuer receives written notice of dishonor	This starts the five-banking-day period to pay or arrange full payment
5	Five banking days pass without full payment or arrangement	The BP 22 offense is treated as complete for practical reckoning
6	Complaint-affidavit is filed with the prosecutor	This generally interrupts the four-year prescriptive period

Example

Suppose a check dated March 1 is deposited on March 5 and dishonored on March 6. The payee sends a written notice of dishonor, and the issuer receives it on March 10. The issuer then has five banking days from receipt to pay or arrange full payment.

If the issuer does not do so, the offended party should count the four-year BP 22 period from the point after the five-banking-day period has lapsed. Because holidays, weekends, actual receipt, and proof of receipt can affect the count, the safest practice is to file well before the fourth year, not near the deadline.

What filing interrupts the BP 22 prescriptive period?

For BP 22, the filing of the complaint-affidavit with the Office of the City Prosecutor or Provincial Prosecutor generally interrupts the running of prescription.

This is one of the most important points.

Many people think the case is timely only if the Information has already been filed in court within four years. That is not the correct practical rule for BP 22 under controlling Supreme Court doctrine.

In Panaguiton, Jr. v. Department of Justice, the Supreme Court held that the commencement of proceedings before the Office of the City Prosecutor interrupted the prescriptive period for BP 22. The Court recognized that complainants should not be prejudiced by delays in preliminary investigation or prosecutor action once they have done what they can do: file the proper complaint.

In People v. Pangilinan, the Supreme Court again recognized that Act No. 3326 applies to BP 22 and that the filing of the complaint with the prosecutor may interrupt prescription.

The Supreme Court also clarified more broadly in 2025 that the filing of a complaint with the DOJ or prosecutor’s office may stop the prescriptive period, not merely the later filing in court. See the Supreme Court’s public summary: SC: Filing of Complaint Before DOJ Stops Prescriptive Period for Crimes.

A demand letter is not the same as filing the BP 22 complaint

A common and costly mistake is assuming that sending a demand letter “stops prescription.”

It usually does not.

A written notice of dishonor or demand letter is important because it may help satisfy the BP 22 notice requirement and trigger the five-banking-day period. But it is not the same as filing a criminal complaint with the prosecutor.

For prescription purposes, the key interrupting act is the institution of proceedings against the offender, usually by filing the complaint-affidavit and supporting evidence with the prosecutor’s office.

In practical terms:

Action	Does it help the BP 22 case?	Does it usually interrupt criminal prescription?
Sending written notice of dishonor	Yes	No, by itself
Sending a demand letter by registered mail or courier	Yes, if receipt is proven	No, by itself
Negotiating payment	Maybe	No, by itself
Barangay talks or informal mediation	Maybe, depending on facts	Risky to rely on
Filing a complaint-affidavit with the prosecutor	Yes	Yes, generally
Filing the Information in court	Yes	Yes, but waiting for this can be dangerous

What must be proven in a BP 22 case?

A BP 22 case is not won simply by showing that a check bounced. 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 insufficient funds or credit with the drawee bank.
The check was dishonored by the bank for insufficiency of funds or credit, or would have been dishonored for that reason had the issuer not ordered stop payment without valid reason.

In actual prosecutor and court practice, the complainant should also be ready to prove:

the check was presented to the bank;
the bank dishonored the check;
the reason for dishonor appears on the check, bank return slip, or notice;
written notice of dishonor was sent to the issuer;
the issuer actually received the written notice; and
the issuer failed to pay or make full payment arrangements within five banking days.

Step-by-step guide for a payee considering a BP 22 complaint

1. Secure the original dishonored check

Keep the original check. Do not write unnecessary markings on it. Courts and prosecutors usually want to see the original or a properly authenticated copy, especially if the defense later questions issuance, signature, or dishonor.

2. Get the bank’s reason for dishonor

The bank’s return slip, stamped check, or written notice should clearly state the reason for dishonor, such as:

“Drawn Against Insufficient Funds” or DAIF;
“Account Closed”;
“No Sufficient Funds”;
“Stop Payment,” if the account also lacked enough funds or credit; or
similar bank notation.

Under Section 3 of BP 22, the drawee bank should state the reason for dishonor in plain language.

3. Send a written notice of dishonor

The notice should clearly identify:

the check number;
bank and branch;
check date;
amount;
date of dishonor;
reason for dishonor;
demand to pay the full amount; and
statement that the issuer has five banking days from receipt to pay or make arrangements for payment in full.

The notice may be sent by the offended party, counsel, authorized representative, or in some cases the bank. What matters is proof that the issuer actually received written notice.

4. Preserve proof of receipt

This is often where BP 22 cases fail.

Useful proof may include:

personal service with signed receiving copy;
courier delivery confirmation showing the recipient’s name and date;
registered mail registry receipt and return card;
email or messaging proof only if authenticity and actual receipt can be established;
acknowledgment letter or written reply from the issuer; or
proof that an authorized agent received it.

A registry card signed by an unidentified person may be attacked. A notice received by a house helper, receptionist, guard, or office staff may not be enough unless authority to receive for the issuer is established.

5. Wait for the five banking days to lapse

Do not rush the filing before the legal opportunity to pay has passed. The five-day period is counted in banking days, not calendar days. Weekends and bank holidays may affect the count.

6. Prepare the complaint-affidavit

A BP 22 complaint-affidavit usually includes:

complainant’s full name, address, and contact details;
respondent’s full name and address;
explanation of the transaction;
check details;
presentment and dishonor details;
facts showing written notice and receipt;
statement that no full payment or arrangement was made within five banking days;
list of witnesses; and
attachments.

7. File with the proper prosecutor’s office

BP 22 complaints are commonly filed with the Office of the City Prosecutor or Provincial Prosecutor where venue is proper. Venue can be fact-sensitive. It may involve the place where the check was issued, delivered, or dishonored, depending on the evidence and applicable procedural rules.

After filing, the prosecutor may require the respondent to submit a counter-affidavit. If the prosecutor finds probable cause, an Information is filed 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.

BP 22 is expressly covered by the Supreme Court’s Rules on Expedited Procedures in the First Level Courts, effective April 11, 2022. The official rules are available here: Rules on Expedited Procedures in the First Level Courts, A.M. No. 08-8-7-SC.

Documents commonly needed for a BP 22 complaint

Document	Why it matters
Original bounced check	Main evidence of issuance
Photocopy of the check	Filing and record purposes
Bank return slip or stamped dishonor notation	Proves dishonor and reason
Written notice of dishonor or demand letter	Proves the issuer was informed
Proof of receipt of notice	Critical for the five-banking-day period
Complaint-affidavit	Main sworn statement for prosecution
Witness affidavits	Useful if someone else handled delivery, deposit, or transaction
Transaction documents	Invoices, contracts, acknowledgment receipts, loan documents, delivery receipts
Valid IDs of complainant and witnesses	Usually required for notarization and filing
Secretary’s certificate or board authority	If complainant is a corporation
Special power of attorney	If a representative files for the complainant

For overseas Filipinos or foreign complainants abroad, prosecutor’s offices may require notarized and properly authenticated affidavits, consular notarization, or apostille depending on where the document is executed. Current DFA authentication information is available through the DFA Apostille website.

Common BP 22 prescription mistakes

Mistake 1: Waiting because the issuer promised to pay

Payment negotiations do not automatically stop the criminal prescriptive period. If the four-year period is running, repeated promises like “next month,” “after release of funds,” or “I will replace the check” can become dangerous.

A written acknowledgment of debt may help in a civil case, but it is not a safe substitute for timely filing of the BP 22 complaint.

Mistake 2: Counting from the check date only

The check date is important, especially for presentment within 90 days, but BP 22 prescription is usually analyzed based on the completion of the offense, including dishonor, notice, and lapse of the five-banking-day period.

Still, from the complainant’s side, it is safer to act early and avoid technical fights about the exact reckoning date.

Mistake 3: Assuming any demand letter is enough

The notice must be written, and receipt must be proven. A demand letter that was never received, or whose receipt cannot be proven, may fail to establish an essential part of the prosecution’s case.

Mistake 4: Relying on barangay conciliation

BP 22 is generally not treated as a barangay-level dispute because the law allows a fine that can exceed ₱5,000. Under Section 408 of the Local Government Code, offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000 are outside Katarungang Pambarangay coverage. You can read the provision in Republic Act No. 7160, the Local Government Code.

Even where parties attempt settlement through the barangay, it is risky to assume this preserves the BP 22 criminal period. The safer prescription-stopping step is filing the complaint with the prosecutor.

Mistake 5: Confusing BP 22 with estafa

A BP 22 case does not automatically mean there is estafa. Estafa generally requires deceit or fraud, often at or before the transaction. BP 22 focuses on the issuance of the worthless check and the statutory requirements of the Bouncing Checks Law.

The prescriptive period for estafa may be different because it is governed by the Revised Penal Code and depends on the imposable penalty. Do not apply the BP 22 four-year rule blindly to estafa.

Mistake 6: Forgetting the civil collection angle

Even if the BP 22 criminal case has prescribed, the unpaid amount may still be collectible through a civil case if the civil action has not prescribed.

Civil prescription depends on the source of the obligation. For example:

actions based on a written contract generally prescribe in 10 years under Article 1144 of the Civil Code;
actions based on an oral contract generally prescribe in six years under Article 1145;
prescription of civil actions may be interrupted by filing the case in court, written extrajudicial demand, or written acknowledgment of the debt under Article 1155.

If the money claim does not exceed ₱1,000,000, it may fall under small claims procedure under the 2022 Rules on Expedited Procedures, depending on the nature of the claim and the supporting documents.

What happens if the BP 22 case was filed after four years?

If the criminal BP 22 complaint was filed beyond the prescriptive period, the respondent may raise prescription as a defense.

Prescription in criminal law means the State can no longer prosecute the offense because too much time has passed under the law. If properly established, prescription can lead to dismissal of the criminal case.

But prescription is fact-sensitive. The following dates must be examined carefully:

date of check;
date of presentment;
date of dishonor;
date the issuer received written notice;
date the five banking days expired;
date the complaint-affidavit was filed with the prosecutor;
date of any dismissal and refiling;
whether proceedings were delayed by motions, appeals, or acts attributable to the respondent; and
whether the case involved multiple checks with different dates.

For multiple bounced checks, each check may have its own timeline.

Penalties and court treatment of BP 22 cases

Under Section 1 of BP 22, the penalty may be:

imprisonment of not less than 30 days but not more than one year;
a fine of not less than the amount of the check but not more than double the amount, not exceeding ₱200,000; or
both fine and imprisonment, at the court’s discretion.

In actual judicial practice, courts often consider the Supreme Court’s policy favoring the imposition of fines instead of imprisonment in appropriate BP 22 cases, especially where the circumstances do not show bad faith beyond the statutory violation. The relevant Supreme Court issuances include Administrative Circular No. 12-2000 and Administrative Circular No. 13-2001.

This does not mean BP 22 is no longer criminal. It remains a criminal offense. It also does not erase civil liability for the amount of the check.

Frequently Asked Questions

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

A BP 22 criminal case generally prescribes in four years. This is based on Act No. 3326, which applies to special penal laws where the law itself does not provide a different prescriptive period.

When does the BP 22 four-year period start?

The practical reckoning point is usually after the check is dishonored, the issuer receives written notice of dishonor, and the issuer fails to pay or make full payment arrangements within five banking days from receipt of notice. Because exact dates can be disputed, complainants should file early instead of waiting close to the fourth year.

Does sending a demand letter stop BP 22 prescription?

No. A demand letter or written notice of dishonor is important for proving notice and triggering the five-banking-day period, but it does not by itself usually interrupt criminal prescription. Filing the complaint-affidavit with the prosecutor is the safer interrupting act.

Does filing with the prosecutor stop the prescriptive period?

Yes, under Supreme Court rulings such as Panaguiton and People v. Pangilinan, filing the complaint with the prosecutor for preliminary investigation can interrupt the BP 22 prescriptive period. The offended party should keep proof of the filing date.

What if the prosecutor files the Information in court after four years?

If the complaint-affidavit was filed with the prosecutor within the four-year period, the later filing of the Information in court may still be timely because the prosecutor filing generally interrupts prescription. Delays in preliminary investigation should not automatically defeat a complainant who filed on time.

Is written notice of dishonor required in BP 22?

Yes. The Supreme Court has repeatedly held that written notice of dishonor and proof of receipt are indispensable for conviction, especially to establish the presumption of knowledge of insufficient funds. Mere oral notice is not enough.

What happens if the issuer pays after receiving notice?

If the issuer pays the full amount or makes arrangements for full payment within five banking days from receipt of written notice, the statutory presumption of knowledge may not arise. If payment is made later, it may affect civil liability, settlement, or penalty considerations, but it does not automatically erase a BP 22 case already properly filed.

Can a foreigner file or be charged with BP 22 in the Philippines?

Yes. Nationality is not the key issue. What matters is whether the facts satisfy BP 22 and whether Philippine authorities have jurisdiction. Foreign complainants may need properly notarized, consularized, or apostilled documents if executing affidavits abroad. Foreign respondents may face practical issues involving address, service, appearances, and enforcement.

Is BP 22 the same as small claims?

No. BP 22 is criminal. Small claims is a civil procedure for collecting money not exceeding ₱1,000,000, exclusive of interest and costs, under the 2022 Rules on Expedited Procedures. A payee may have both criminal and civil options, but the requirements, timelines, and goals are different.

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

Possibly. Criminal prescription for BP 22 does not automatically mean the civil claim is also prescribed. Civil prescription depends on the underlying obligation, such as a written contract, oral contract, loan, invoice, or acknowledgment of debt.

Key Takeaways

BP 22 criminal cases generally prescribe in four years.
The four-year period is based on Act No. 3326, because BP 22 is a special penal law.
The practical reckoning date is usually after dishonor, receipt of written notice, and lapse of the five-banking-day period without full payment or arrangement.
Written notice of dishonor and proof of actual receipt are critical.
A demand letter helps prove notice, but it does not by itself safely interrupt criminal prescription.
Filing the complaint-affidavit with the prosecutor generally interrupts the BP 22 prescriptive period.
Do not wait for repeated payment promises if the four-year period is running.
BP 22 is different from estafa and different from civil collection.
Even if BP 22 has prescribed, a civil collection case may still be available if the civil claim has not prescribed.