If a check bounced and you are thinking of filing a BP 22 case, the most important deadline is usually this: a criminal case for violation of Batas Pambansa Blg. 22 generally prescribes in four years. But the harder question is when the four years starts and what filing stops the clock. In practice, you should not count from the date written on the check alone. You must look at the date of dishonor, the date the maker or drawer actually received written notice of dishonor, the lapse of the five banking days to pay, and the date the complaint was filed with the prosecutor.

What BP 22 Means in Simple Terms

BP 22, also called the Bouncing Checks Law, punishes the making, drawing, and issuance of a check that is later dishonored because of insufficient funds, closed account, or a similar reason. The law applies when the check was issued “to apply on account or for value,” meaning it was given as payment, security, settlement, or consideration for something of value.

Under Section 1 of BP 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)

The key point is that BP 22 focuses on the issuance of a worthless check. It is different from estafa under the Revised Penal Code, which usually requires deceit or fraud. BP 22 may be filed even if the check was issued for an existing obligation, while estafa generally requires proof that the check was used as part of the fraud or deceit.

The BP 22 Prescriptive Period in the Philippines

The prescriptive period for BP 22 is four years.

The reason is that BP 22 is a special penal law, not an offense under the Revised Penal Code. Since BP 22 itself does not provide its own prescriptive period, Act No. 3326 applies. Under Section 1 of Act No. 3326, violations of special laws punished by imprisonment of more than one month but less than two years prescribe in four years. (Supreme Court E-Library)

The Supreme Court confirmed this rule in People v. Pangilinan, where it held that BP 22, being a special law imposing imprisonment of 30 days to one year or a fine, prescribes in four years under Act No. 3326. (Supreme Court E-Library)

Quick Answer

Question	Practical Answer
How long do I have to file a BP 22 case?	Generally four years.
When does the period usually start?	After the issuer receives written notice of dishonor and the five banking days to pay or arrange payment have lapsed.
What filing stops the period?	Under current Supreme Court doctrine, filing the criminal complaint with the prosecution office may toll or stop the running of prescription prospectively.
Where is it filed?	Usually with the Office of the City or Provincial Prosecutor that has venue over the BP 22 offense.
What court hears BP 22 cases?	First-level courts: MeTC, MTCC, MTC, or MCTC, under summary or expedited procedure.

When Does the Four-Year Period Start?

In BP 22, it is not safe to simply count four years from the check date.

The usual sequence is:

The check is issued.
The check is presented to the drawee bank.
The bank dishonors the check.
The payee or bank sends a written notice of dishonor to the maker or drawer.
The maker or drawer actually receives the notice.
The maker or drawer fails to pay the amount or make full payment arrangements within five banking days.
The BP 22 offense becomes actionable for prosecution.

Section 2 of BP 22 provides that dishonor of a check presented within 90 days from the date of the check is prima facie evidence of knowledge of insufficient funds unless the maker or drawer 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)

In People v. Pangilinan, the Supreme Court followed the Court of Appeals’ factual reckoning that prescription began around the period when the accused was notified of the dishonor and the five-day grace period had elapsed. (Supreme Court E-Library)

So, for practical counting:

Start counting the four years from the time the issuer received the written notice of dishonor and the five banking days to pay or arrange payment expired.

Example

Suppose:

Event	Date
Check date	January 10, 2026
Check deposited	January 15, 2026
Check dishonored	January 16, 2026
Written demand/notice received by issuer	January 22, 2026
Five banking days lapse	January 29, 2026
Four-year prescriptive period generally counted from	January 29, 2026
Safer last day to file	Before January 29, 2030

This is a simplified example. Banking days, holidays, proof of receipt, and the exact wording and service of the notice can affect the analysis.

Why Written Notice of Dishonor Is Critical

Many BP 22 complaints fail not because the check did not bounce, but because the complainant cannot prove that the issuer actually received a proper written notice of dishonor.

The Supreme Court has repeatedly held that to convict a person under BP 22, the prosecution must prove:

The making, drawing, and issuance of a check to apply on account or for value;
The maker, drawer, or issuer knew at the time of issuance that there were insufficient funds or credit with the drawee bank; and
The check was dishonored for insufficiency of funds or credit, or would have been dishonored for the same reason if the drawer had not ordered stop payment without valid cause. (Supreme Court E-Library)

Because knowledge is difficult to prove directly, BP 22 creates a presumption of knowledge. But this presumption arises only if the prosecution proves that:

the check was presented within 90 days from its date;
the drawer or maker received notice that the check was not paid; and
the drawer or maker failed to pay or make full payment arrangements within five banking days after receiving the notice. (Supreme Court E-Library)

The notice must be in writing. A mere oral demand is not enough. The Supreme Court in Alburo v. People stressed that lack of written notice is fatal to the prosecution, and that there must be clear proof that the accused actually received the notice. (Supreme Court E-Library)

What Filing Interrupts the BP 22 Prescriptive Period?

This part has caused confusion because Supreme Court doctrine has evolved.

The Older Rule: Filing with the Prosecutor Interrupts Prescription

In Panaguiton, Jr. v. Department of Justice, the Supreme Court held that filing a complaint-affidavit with the Office of the City Prosecutor interrupted the prescriptive period for BP 22. The Court reasoned that aggrieved parties should not suffer because of delays in the investigating agencies after they have already initiated prosecution. (Lawphil)

The Supreme Court later applied the same approach in People v. Pangilinan, holding that the filing of the affidavit-complaint with the City Prosecutor interrupted the prescriptive period for BP 22. (Supreme Court E-Library)

The Summary Procedure Complication

BP 22 cases are covered by summary or expedited procedure in first-level courts. The 2022 Rules on Expedited Procedures in the First Level Courts expressly include violations of BP 22 among criminal cases governed by the Rule on Summary Procedure.

For a period, cases such as Republic v. Desierto and Corpus, Jr. v. People created concern because they treated certain summary-procedure offenses differently for prescription purposes, suggesting that filing in court—not merely with the prosecutor—was necessary for tolling in some situations. (Supreme Court E-Library)

Current Rule After People v. Consebido

In People v. Consebido, G.R. No. 258563, April 2, 2025, the Supreme Court clarified that the filing of the criminal complaint before the DOJ or prosecution office, even for offenses covered by the 2022 Rules on Expedited Procedures in the First Level Courts, tolls the running of the prescriptive period. The Court stated that this new rule applies prospectively and abandoned Desierto and Corpus on this tolling issue.

For someone filing a BP 22 case now, the safer practical reading is:

File the complaint-affidavit with the proper prosecutor’s office well within four years, secure proof of filing, and do not wait until the last few months before prescription.

Even with the current doctrine, waiting until the deadline is risky because venue, defective notice, missing affidavits, unpaid filing fees for the civil aspect, or prosecutor action delays can create avoidable problems.

Step-by-Step Guide: How to File a BP 22 Case Before Prescription

1. Secure the dishonored check and bank return slip

Keep the original check if it was returned to you. Also secure the bank’s return slip, memo, or stamped reason for dishonor, such as:

DAIF or “drawn against insufficient funds”
Account closed
Stop payment
Insufficient funds
Refer to drawer

Section 3 of BP 22 requires the drawee bank, when refusing payment, to state the reason for dishonor or refusal in plain language on the check or attached notice. (Supreme Court E-Library)

2. Send a written notice of dishonor and demand to pay

Prepare a written demand letter or notice of dishonor containing:

name of the drawer or issuer;
check number;
drawee bank and branch;
check date;
amount;
reason for dishonor;
demand to pay the full amount;
statement that payment or full payment arrangements must be made within five banking days from receipt.

The notice may be sent by the offended party or the bank, but what matters is that the prosecution can later prove actual receipt by the maker or drawer.

3. Prove actual receipt

This is often the biggest evidence problem.

Useful proof may include:

personal service with signed acknowledgment;
affidavit of the person who personally served the notice;
registered mail registry receipt plus registry return card;
courier proof of delivery showing the recipient’s identity;
email or electronic service only if supported by reliable proof and the facts justify its use;
admission by the issuer that he or she received the demand.

Be careful when someone other than the drawer signs the receipt. In Alburo v. People, the Supreme Court rejected proof where the demand letter was supposedly received by a househelper, because it was not proven that the househelper was authorized to receive the notice for the accused. (Supreme Court E-Library)

4. Wait for the five banking days to lapse

Do not file immediately after sending the demand letter unless the five banking days have already lapsed. The law gives the issuer this period to pay or make full payment arrangements.

If the issuer pays the full amount within the five banking days, criminal prosecution under BP 22 may be avoided. If the issuer partially pays, that may reduce the civil claim, but it may not automatically erase BP 22 exposure unless the facts show full payment or legally sufficient payment arrangements.

5. Prepare the complaint-affidavit

The complaint-affidavit should clearly narrate:

how and why the check was issued;
when and where the check was issued or delivered;
when it was presented for payment;
how it was dishonored;
when written notice of dishonor was sent;
when the issuer actually received it;
that five banking days passed without full payment or full payment arrangements;
the amount still unpaid.

The affidavit must be sworn before a notary public or authorized officer. Attach all supporting documents.

6. File with the proper prosecutor’s office

A BP 22 complaint is usually filed with the Office of the City Prosecutor or Office of the Provincial Prosecutor that has venue over the offense.

Venue can be technical. BP 22 is treated as a transitory offense, but the case must still be filed in a place where an essential element occurred. The Supreme Court has cautioned that merely depositing the check in a bank in a certain city, or being informed of dishonor there, does not automatically create venue if none of the essential elements of BP 22 occurred there. (Supreme Court E-Library)

In practice, venue is commonly based on places such as:

where the check was issued;
where the check was delivered;
where the drawee bank dishonored the check;
where other constitutive acts of the offense occurred.

7. Monitor the prosecutor proceedings

After filing, the prosecutor may require the respondent to file a counter-affidavit. Under current prosecution rules, BP 22-type offenses may fall under summary investigation or expedited preliminary investigation depending on the applicable penalty and procedural classification. The Supreme Court in Consebido noted the 2024 DOJ-NPS Rules on Summary Investigation and Expedited Preliminary Investigation, which apply to offenses within specified penalty ranges and were part of the Court’s reasoning in clarifying tolling of prescription.

If the prosecutor finds probable cause, an Information will be filed in the proper first-level court.

8. Pay filing fees for the civil aspect

A special rule applies to BP 22: the criminal action is deemed to include the corresponding civil action, and reservation to file a separate civil action is generally not allowed. The offended party must pay filing fees based on the amount of the check involved. (Supreme Court E-Library)

This matters because many complainants think BP 22 is “just criminal.” In reality, the civil claim for the check amount is normally included in the BP 22 case.

Documents Usually Needed for a BP 22 Complaint

Document	Why It Matters
Original dishonored check	Main evidence of issuance and amount
Bank return slip or check with stamped reason for dishonor	Proves dishonor and reason
Written demand letter / notice of dishonor	Triggers the five banking days
Proof of receipt by issuer	Critical to prove notice
Complaint-affidavit	Main sworn narrative of the complainant
Witness affidavits	Needed if someone served the notice or handled the transaction
Proof of transaction	Invoices, receipts, loan documents, contracts, delivery receipts, acknowledgments
Valid IDs of affiants	Needed for notarization
Special Power of Attorney	Needed if a representative files for the complainant
Corporate secretary’s certificate or board authority	Needed if complainant is a corporation
Filing fee assessment/payment	Required because civil action is included

Common BP 22 Prescription Problems

1. Counting from the wrong date

Some people count from the check date. Others count from the dishonor date. For BP 22, the safer and more accurate approach is to examine when the issuer received written notice of dishonor and when the five banking days expired.

2. No proof of actual receipt

A demand letter that was mailed but never proven received is weak. A registry receipt alone may not be enough. The prosecution must prove that the issuer actually received notice, because that is what gives the issuer the legal opportunity to pay and avoid prosecution.

3. Serving the wrong person

If the check was signed by an individual, send notice to that individual. If the check was signed for a corporation, remember that BP 22 imposes liability on the person who actually signed the check for the corporation. Notice to the company alone may not always prove notice to the individual signatory.

4. Waiting until the fourth year

Even if current doctrine recognizes filing with the prosecutor as tolling prescription, filing too close to the deadline is dangerous. You may discover too late that venue is wrong, the notice is defective, the respondent’s address is outdated, or key documents are missing.

5. Assuming payment negotiations stop prescription

Private negotiations do not automatically stop prescription. A text message saying “I will pay soon” is useful evidence, but it is not the same as filing the proper criminal complaint.

6. Confusing BP 22 with estafa

A bounced check may give rise to BP 22, estafa, a civil collection case, or some combination depending on the facts. BP 22 and estafa have different elements, prescription rules, and proof requirements. BP 22 itself states that prosecution under BP 22 is without prejudice to liability under the Revised Penal Code. (Supreme Court E-Library)

Practical Scenarios

Scenario 1: The check bounced three years ago, but no demand letter was sent

Send a proper written notice immediately and secure proof of actual receipt. The four-year period is usually analyzed from the time the offense becomes complete, but delay can still create evidentiary problems. If the check and transaction are old, gather bank records and proof while still available.

Scenario 2: Demand letter was sent by registered mail, but no return card came back

Get certified records from the post office or courier if possible. If there is no reliable proof of receipt, consider serving another written notice personally or through a reliable method, then count the five banking days from actual receipt.

Scenario 3: The debtor is abroad

If the issuer is abroad, service and proof of receipt become more difficult. Use a method that creates reliable evidence of actual receipt. If documents are executed abroad, such as affidavits or a Special Power of Attorney, they may need notarization abroad and apostille or consular authentication depending on the country and the document’s intended use. The DFA’s apostille system replaced the older “red ribbon” authentication for many public documents used abroad. (Apostille Philippines)

Scenario 4: The payee is abroad and wants a relative in the Philippines to file

The payee may execute a Special Power of Attorney authorizing a representative in the Philippines to prepare, sign when proper, file, and follow up the complaint. If executed abroad, the SPA should be properly notarized and apostilled or authenticated as required. The representative should also have access to the original check, bank return slip, demand letter, proof of receipt, and transaction documents.

Scenario 5: The check was issued by a corporation

BP 22 liability may attach to the person who actually signed the check for the corporation. Section 1 of BP 22 expressly 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. (Supreme Court E-Library)

How Long Does a BP 22 Case Usually Take?

Timelines vary widely by city, prosecutor workload, court congestion, availability of witnesses, and whether the respondent appears.

Stage	Common Practical Timeline
Demand letter and five banking days	Around 1–3 weeks, depending on service
Prosecutor filing and docketing	Same day to several weeks
Respondent counter-affidavit stage	Several weeks to a few months
Prosecutor resolution	A few months, sometimes longer
Filing of Information in court	Depends on prosecutor action and court docket
Arraignment and pre-trial	Several months after court filing
Trial under summary/expedited procedure	Intended to be faster, but actual timelines vary
Judgment	Often months to years, depending on congestion and delays

The four-year prescriptive period should be treated as a hard deadline, not as a recommended waiting period.

Can the Issuer Still Be Imprisoned for BP 22?

Yes, imprisonment remains in the law. However, Supreme Court Administrative Circular No. 12-2000 and Administrative Circular No. 13-2001 created a policy preference that courts consider imposing a fine rather than imprisonment when appropriate, while clarifying that imprisonment was not removed as an available penalty. BP 22 still authorizes imprisonment, fine, or both, at the court’s discretion. (Lawphil)

This is why BP 22 is sometimes described as “almost decriminalized” in practice, but that phrase is not technically correct. BP 22 remains a criminal offense.

Frequently Asked Questions

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

A BP 22 case generally prescribes in four years because BP 22 is a special law punishable by imprisonment of more than one month but less than two years, making Act No. 3326 applicable. (Supreme Court E-Library)

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

Not necessarily. In BP 22, the more practical reckoning point is usually after the issuer receives written notice of dishonor and the five banking days to pay or make arrangements have lapsed. The check date, date of presentment, date of dishonor, and date of receipt of notice must all be reviewed.

Is a demand letter required before filing BP 22?

A written notice of dishonor is extremely important. The Supreme Court has held that the prosecution must prove the giving and receipt of written notice to establish the presumption that the issuer knew of insufficient funds. A mere oral demand is not enough. (Supreme Court E-Library)

What happens if the issuer pays within five banking days?

If the issuer pays the full amount or makes arrangements for full payment within five banking days from receipt of the notice of dishonor, the criminal prosecution may be avoided because BP 22 gives the issuer that statutory opportunity.

Does filing with the prosecutor stop prescription?

Under current Supreme Court doctrine in People v. Consebido, the filing of the criminal complaint before the prosecution office tolls the prescriptive period prospectively, even for offenses covered by the 2022 Rules on Expedited Procedures in the First Level Courts.

What if the BP 22 complaint was filed years ago but the prosecutor delayed filing in court?

This issue has been heavily litigated. Earlier cases like Panaguiton and Pangilinan protected complainants who timely filed with the prosecutor, while later summary-procedure cases caused uncertainty. Consebido clarified the rule prospectively. For older or borderline cases, the exact dates and applicable doctrine at the time matter.

Can I file BP 22 and a civil case separately?

Generally, when a BP 22 criminal action is filed, the corresponding civil action is deemed included, and reservation to file the civil action separately is not allowed. Filing fees based on the check amount are required. (Supreme Court E-Library)

Can a foreigner file a BP 22 case in the Philippines?

Yes, if the facts support Philippine venue and jurisdiction. A foreign complainant may need a Philippine representative through a Special Power of Attorney. Documents executed abroad may need apostille or consular authentication, depending on where they were executed and how they will be used.

Can a company officer be personally liable for a bounced corporate check?

Yes, if the officer actually signed the check. BP 22 states that when the check is drawn by a corporation, company, or entity, the person or persons who actually signed the check on its behalf are liable under the Act. (Supreme Court E-Library)

Can a BP 22 case still prosper if there was partial payment?

Partial payment may reduce the civil amount claimed, but it does not automatically defeat BP 22 unless the payment or arrangement satisfies the legal requirement within the five banking days. The timing, amount, and proof of agreement matter.

Key Takeaways

BP 22 generally prescribes in four years under Act No. 3326.
The four-year period is usually reckoned after the issuer receives written notice of dishonor and the five banking days to pay or arrange payment have lapsed.
A written notice of dishonor, with clear proof of actual receipt, is often the most important evidence in a BP 22 case.
Under current Supreme Court doctrine, filing the complaint with the prosecution office may toll prescription prospectively.
Do not wait until the fourth year; file early and secure stamped proof of filing.
BP 22 cases include the civil action for the check amount, so filing fees based on the check value matter.
For checks involving corporations, the actual signatory may be personally liable.
For parties abroad, proper SPA, notarization, apostille or authentication, and proof of receipt are crucial.