Check Validity in the Philippines: Is It 6 Months or 180 Days?
Executive summary
In Philippine banking practice, a personal or corporate check generally becomes stale if it is presented long after its check date. Two formulations are commonly used to describe the stale date:
- “Six (6) months from date”, and
- “One hundred eighty (180) days from date.”
They sound interchangeable but they are not always identical in calendar time. Depending on the months involved (28–31 days, leap years), 180 days can mature earlier than 6 calendar months. Because clearing participants and individual banks may phrase their rules either way—and systems are configured to reject “stale” items automatically—the safe, practical rule is: treat the shorter of the two as your effective deadline unless your bank confirms otherwise in writing.
Legal and regulatory backdrop
- Negotiable Instruments Law (Act No. 2031): A check is a bill of exchange drawn on a bank and payable on demand. The NIL does not impose a universal “expiry.” Instead, presentment must be within a “reasonable time.” What counts as “reasonable” has been concretized by clearing rules and bank practice.
- Banking/clearing practice: Philippine banks, acting under industry clearing rules and their own risk policies, uniformly treat checks as stale after a defined period from the check date. Once stale, the drawee bank may refuse payment and the clearinghouse will not accept the item for clearing.
- Contractual overlay: A bank’s Terms & Conditions on deposit accounts and checkbooks typically codify either “6 months” or “180 days,” and that contract governs your relationship with that bank. Merchant agreements (for check acceptance) often mirror those timelines.
“6 months” vs “180 days”: why the difference matters
Calendar vs. fixed-day counting
- Six months = add six calendar months to the check date (e.g., Jan 31 → Jul 31).
- One hundred eighty days = add exactly 180 days to the check date (Jan 31 → Jul 30 in a non-leap year).
Because months are unequal, 180 days will often fall a few days earlier than the “6 months” mark. Examples (issue date → stale date):
| Issue date | +6 months | +180 days | Which is earlier? |
|---|---|---|---|
| 31 Jan 2025 | 31 Jul 2025 | 30 Jul 2025 | 180 days earlier by 1 day |
| 1 Mar 2025 | 1 Sep 2025 | 28 Aug 2025 | 180 days earlier by 4 days |
| 28 Feb 2025 | 28 Aug 2025 | 27 Aug 2025 | 180 days earlier by 1 day |
| 29 Feb 2024 (leap) | 29 Aug 2024 | 27 Aug 2024 | 180 days earlier by 2 days |
Practical upshot: If one party says “6 months” and another system enforces “180 days,” presentment in those last few days may be rejected as stale. To avoid loss or delay, present well before the earlier date.
What happens when a check is “stale”?
- Clearing rejection: The item will be automatically tagged as stale and returned unpaid.
- No legal extinguishment: Staleness does not cancel the underlying debt. It simply means the instrument is no longer acceptable for clearing. The payee still has recourse against the drawer based on the original obligation or may request reissuance of a fresh check.
- Possible revalidation: Some banks may “revalidate” or certify their own manager’s/cashier’s checks after the stale window; however, they can also require cancellation and reissuance. For ordinary personal/corporate checks, reissuance is the norm: the drawer writes a new check with a current date.
Dating conventions and special cases
Post-dated checks (PDCs).
- Not payable before the date on the face of the check.
- The stale-date clock (6 months or 180 days) is measured from that stated date, not from the day it was written/handed over.
Undated or incorrectly dated checks.
- Banks generally require a valid date; undated checks may be refused outright.
- Ambiguous or altered dates risk rejection for material alteration.
Crossed checks / “for deposit only.”
- Crossing affects mode of negotiation (deposit to payee’s account), not the stale period. The same 6-month/180-day rule applies.
Government, manager’s, and cashier’s checks.
- Despite being drawn by or on banks/treasuries, many institutions still apply a stale threshold. Policies vary: some allow revalidation; others require cancellation and reissuance. Always check the issuing bank’s terms.
Stop payment vs. staleness.
- A stop-payment order by the drawer is independent of staleness. A timely presentment can still be dishonored if a valid stop order exists and the bank acts on it.
Counting it right: a quick method you can adopt
If your bank or contract says “180 days”:
- Start from the check date.
- Add 180 calendar days.
- Present on or before that 180th day.
If your bank or contract says “6 months”:
- Add six calendar months to the check date (same day-of-month; if the target month has fewer days, use the last day of that month).
- Present on or before that day.
If you are unsure which rule your bank uses: Default to 180 days as the risk-averse benchmark, and aim to deposit/encash well before that point.
Common pitfalls and how to avoid them
- Leaving checks to “age” (e.g., holding PDCs as security). If you intend to keep a PDC beyond the stale window, replace it periodically (before it stales) or secure a non-check instrument (e.g., promissory note plus collateral), because a stale check may be useless for clearing even if the debt remains.
- End-of-month dates. Checks dated 30th/31st can trip the “6 months vs. 180 days” discrepancy. Present early.
- Handover delays. If you receive a check dated much earlier than delivery, you inherit a shorter remaining window. Verify the date upon receipt.
- Inter-branch/holiday lags. While image-based clearing shortened timelines, holidays and cut-off times still matter. Don’t cut it close.
Remedies if your check was returned as stale
- Ask the drawer to reissue. This is the cleanest solution.
- Demand payment on the underlying obligation. The debt remains; the stale check is simply a failed payment instrument.
- Explore revalidation (if a manager’s/cashier’s check). Bank policies vary; fees and identity checks may apply.
- Document your efforts. For commercial disputes, written demand letters and proof of tender/presentment help protect rights and claims (including default interest, if agreed).
Best-practice checklist (for businesses and individuals)
- Put a clear clause in invoices/contracts: “Checks must be deposited within [X] days; stale checks will be treated as non-payment.”
- For PDC arrangements, calendar the deposit dates and keep a replacement cadence (e.g., refresh every 5 months).
- Train front-line staff to verify check dates on receipt and to bank them promptly.
- Maintain a policy memo from your bank confirming which standard it enforces (“6 months” or “180 days”) and keep it on file.
Bottom line
- Philippine law relies on reasonableness, and industry practice translates that into a firm stale window.
- Both “6 months” and “180 days” are used in the market. They can diverge by a few days.
- To prevent avoidable returns, assume the stricter (earlier) deadline unless a specific bank policy says otherwise—and deposit early.