Batas Pambansa Blg. 22 (“B.P. 22,” the Bouncing Checks Law) penalizes the making and issuance of a check that is dishonored by the drawee bank for specific reasons, commonly insufficient funds or closed account. In practice, a recurring complication is when the drawer (the person who signed and issued the check) is outside the Philippines when the check bounces, or leaves the country soon after.

This article discusses what matters most in that situation: where and how to file, how to comply with notice requirements, what happens in the prosecutor’s office and the court when the respondent is abroad, and what outcomes to expect.

1) What B.P. 22 Punishes (and What It Doesn’t)

A. The core act punished

B.P. 22 targets the issuance of a worthless check—a check that is dishonored because:

Insufficient funds / “DAIF”
Account closed
Other bank reasons that effectively reflect lack of funds/credit (depending on the dishonor notation and facts)

B. Why location abroad doesn’t automatically stop the case

B.P. 22 is generally concerned with acts connected to the Philippines—especially when the check is drawn against a Philippine bank and is presented/dishonored in the Philippines, or when the check is issued/delivered in the Philippines.

Even if the drawer is abroad, a case may still be filed as long as the elements and venue/jurisdiction are satisfied.

C. Not primarily about “fraud”

B.P. 22 is not exactly the same as Estafa (swindling). Estafa typically requires deceit and damage; B.P. 22 is often treated as a public-welfare offense meant to protect the banking system and the credibility of checks as substitutes for money.

It is common for complainants to pursue:

B.P. 22 (criminal case for bouncing check), and/or
Civil collection (to recover the debt), and in some situations
Estafa (if deceit and other requisites are provable)

2) Elements You Must Prove (Checklist)

To successfully prosecute a B.P. 22 case, the prosecution must establish, in substance:

A check was made/drawn and issued by the accused (drawer/signatory).
The check was issued to apply on account or for value (i.e., not purely a worthless token).
The check was presented for payment within a reasonable period (commonly within banking norms; postdated checks are typically presented on/after date).
The check was dishonored by the drawee bank for reasons covered by B.P. 22 (e.g., insufficient funds, account closed).
The drawer received a written notice of dishonor, and failed to pay the amount of the check (or make arrangements for full payment) within five (5) banking days from receipt of that notice.

That last element—written notice + proof of receipt + lapse of 5 banking days without payment—is where “drawer abroad” cases often succeed or fail.

3) The Written Notice of Dishonor: The Make-or-Break Requirement (Especially When the Drawer Is Abroad)

A. What the law effectively requires

You must be able to show:

A written notice of dishonor was sent/given to the drawer, and
The drawer received it, and
The drawer did not pay within 5 banking days from receipt.

B. What counts as “written notice”

Common forms:

Demand letter explicitly stating the check bounced, identifying the check details, and demanding payment.
A letter attaching the dishonor memo.
Any written communication that clearly informs the drawer of dishonor and demands payment.

C. Proving receipt when the drawer is abroad (practical approaches)

Because the drawer is overseas, you should aim for documentary proof of actual receipt as much as possible:

Best practice methods

International courier to the drawer’s foreign address with:
- tracking,
- delivery confirmation,
- and ideally a signature (proof of who received).
Registered mail to the foreign address (if available), keeping:
- registry receipts,
- tracking/registry return cards (if used),
- postmaster certifications (where applicable).

Supplemental proof (helpful but should not be your only proof)

Email/message where the drawer acknowledges receipt of the demand/notice.
A reply proposing payment terms after receiving notice.
Any written admission referencing the bounced check and demand.

D. Which address should you send to?

Send to:

The drawer’s last known address (local or foreign), and
Any address the drawer used in the transaction (contracts, invoices, IDs, emails).

If the drawer maintains a Philippine address (or left one in the instrument/transaction), serving notice there may still be workable, but overseas cases are frequently attacked on the ground that the drawer did not actually receive notice—so the safest course is direct delivery abroad plus supporting documentation.

E. Timing: 5 banking days

The 5-day period starts from receipt of the written notice, not from the date you wrote it. If your proof only shows “sent” but not “received,” you risk dismissal or acquittal.

4) Where to File When the Drawer Is Abroad: Venue and Jurisdiction

A. Venue (place of filing) commonly hinges on:

Where the check was issued or delivered, and/or
Where it was presented and dishonored (often where the drawee bank branch is, or where the check was deposited/presented, depending on circumstances)

Because facts vary, complainants typically choose a venue that is:

Clearly connected to the issuance/delivery, or
Clearly connected to the dishonor/presentment

B. Jurisdiction remains Philippine if the offense is anchored here

Common anchors:

The check is drawn against a Philippine bank
The check is presented and dishonored in the Philippines
The check is issued/delivered in the Philippines (even if signed abroad and sent back)

If everything material happened abroad and the only Philippine connection is weak, jurisdiction/venue issues become a serious defense. But in the typical B.P. 22 scenario—Philippine bank, Philippine dishonor—Philippine courts have a strong basis to take cognizance.

5) How to File: Documents and Step-by-Step (Optimized for “Drawer Abroad”)

Step 1: Secure bank dishonor documents

Obtain:

The original check (if available) or a bank-validated copy
The dishonor memo / return slip showing the reason for dishonor
Deposit slip/receiving evidence (if relevant)

Step 2: Send the written notice of dishonor and demand to pay

Send internationally (preferably courier with signature)
Keep all proof: tracking, delivery confirmation, copy of letter, attachments

Step 3: Prepare your complaint packet

Usually includes:

Complaint-affidavit narrating:
- the transaction,
- issuance of the check,
- presentment,
- dishonor,
- notice and proof of receipt,
- failure to pay within 5 banking days
Affidavits of witnesses (if any)
Attachments:
- check copy,
- dishonor memo,
- demand/notice letter,
- courier/registry proofs of delivery and receipt,
- any written admissions/messages,
- underlying contract/invoice/acknowledgment of debt (helpful)

Step 4: Choose filing route (common practice)

Depending on local practice, you may file:

With the Office of the City/Provincial Prosecutor (for evaluation and filing of Information), or
Directly with the proper court in cases where direct filing is allowed for offenses within its coverage

Even when a full preliminary investigation is not strictly required for lower-penalty offenses, filing through the prosecutor is often used in practice because it:

creates a structured record,
triggers issuance/service of subpoenas,
and leads to an Information drafted by the prosecutor.

Step 5: Address the “respondent abroad” problem during subpoenas

Expect this reality:

Subpoenas to a foreign address may be slow, refused, or unserved.
Service attempts at a last known local address may fail if the drawer has left.

In many instances, prosecutors proceed based on the complainant’s evidence if the respondent cannot be reached after reasonable efforts, then determine probable cause and file the case in court.

6) What Happens After Filing If the Drawer Is Abroad

A. In the prosecutor’s office

Possible scenarios:

Respondent participates from abroad Through counsel, email, or by filing counter-affidavits if the office accepts and the respondent receives subpoena.
Respondent does not participate (most common when unreachable) The prosecutor may resolve based on complainant’s submissions and any available records.

B. In court: summons, warrant, and the reality of proceeding

Once the case is in court:

The court typically issues summons.
If the accused cannot be served and does not appear, the court may eventually issue a warrant of arrest upon finding probable cause, depending on procedural posture and the court’s evaluation.

Key limitation: A criminal case generally cannot complete the normal trial process without the accused being arraigned. Trial in absentia is usually associated with situations where the accused, after arraignment, fails to appear. If the accused is abroad and never appears for arraignment, the case often becomes practically “pending” until the accused is within reach.

C. Practical consequences of a pending case and warrant

If a warrant is issued:

The accused may be arrested upon returning to the Philippines.
The accused may need to post bail (subject to court rules) to regain liberty while the case proceeds.
Immigration-related measures (e.g., watchlisting processes) may become relevant depending on circumstances and agency action, but they are not automatic in every case.

7) Can You “Serve” the Accused Abroad Like a Civil Case?

Criminal procedure is not the same as civil extraterritorial service. In practice, Philippine criminal cases rely on:

service at known addresses within the Philippines, and
arrest authority when the accused is physically within jurisdiction

This is why the most realistic path is often:

file the case properly (with strong evidence and proper notice),
obtain court processes, and
enforce when the accused becomes reachable (commonly upon return).

8) Prescription: The Deadline to File (Very Important)

B.P. 22 is a special law, so prescriptive periods are generally computed under special-law rules. As a practical matter, do not delay; compute from the time the offense is considered consummated—typically revolving around:

dishonor,
receipt of notice,
and lapse of 5 banking days without payment

Because prescription defenses can be technical and fact-sensitive, the safest practice is to file well within a few months of dishonor and completed notice, not years later.

9) Penalties, Civil Liability, and What the Complainant Can Actually Get

A. Criminal penalties (general)

Courts may impose:

imprisonment (up to the statutory maximum), and/or
fine (often calibrated to the amount and circumstances)

In many cases, courts lean toward fines, but outcomes vary.

B. Civil liability

B.P. 22 cases frequently carry a civil aspect:

Courts may order payment of the amount of the check and related civil damages if properly litigated and proven.

However, criminal prosecution is not a guaranteed collection tool—especially if the drawer has no reachable assets or remains abroad for a long time.

C. Payment after dishonor: does it erase criminal liability?

Payment after dishonor does not automatically erase criminal liability, but it can:

reduce conflict,
influence prosecutorial discretion in early stages in some situations,
and affect sentencing or civil resolution

10) Strategy Notes for “Drawer Abroad” Cases

A. Build the case around notice and proof of receipt

If you do only one thing exceptionally well, do this:

Make notice undeniable with delivery proof and documented receipt.

B. Use multiple channels, but keep the “written notice with proof” centerpiece

International courier with signature (primary)
Follow-up emails/messages (supporting)
Document every attempt

C. Expect delay if the accused stays abroad

Even with a strong case, progress may stall at:

inability to serve summons,
inability to arraign,
inability to enforce presence

D. Consider parallel civil remedies

If the goal is recovery of money and not punishment, civil actions—such as collection suits (including streamlined options depending on amount and facts)—may be more immediately effective than waiting for a returning accused.

11) Common Defenses You Should Anticipate (and Pre-empt)

No proof of receipt of written notice of dishonor The most common winning defense.
Improper venue Allegation that the case was filed in a place not connected to issuance/delivery/dishonor.
Check was not issued “for value” / accommodation-only arguments Fact-driven; counter with transaction documents.
Signature/authority issues (especially in corporate settings) Liability usually focuses on the actual signatory/drawer.
Postdating/conditional arrangements Often raised to reframe the purpose of the check; counter with written agreements and communications.

12) A Practical “Gold Standard” Evidence Set (Drawer Abroad Edition)

Aim to have:

Original check (or authenticated bank copy)
Dishonor memo indicating reason (e.g., insufficient funds/closed account)
Demand/notice letter (dated, detailed)
Proof of overseas delivery and receipt (signature, delivery certificate)
Proof of non-payment within 5 banking days (timeline summary + supporting comms)
Transaction documents (contract, invoice, acknowledgment)
Screenshots/printouts of admissions, with authentication context if possible
Affidavit narrating the full chronology with exact dates

13) Bottom Line

A B.P. 22 case can be filed and can prosper even if the drawer is abroad—if you establish the required elements with particular strength on written notice of dishonor and proof of receipt and file in a venue clearly tied to issuance/delivery and/or dishonor.

The main tradeoff is practical: enforcement and arraignment often depend on the accused becoming reachable, frequently when the accused returns to the Philippines.