For a bounced check case under Batas Pambansa Blg. 22, or BP 22, the general deadline is four years. That means the criminal case should be filed within four years from the commission or discovery of the violation, usually tied in practice to the dishonor of the check and the payee’s knowledge that it bounced. But the real-life answer is more nuanced: you also need a written notice of dishonor, proof that the check issuer received it, and proof that the issuer failed to pay within five banking days. This article explains the four-year rule, what stops the deadline from running, how to count the period safely, and what documents are usually needed when filing a BP 22 complaint in the Philippines.

Quick Answer: How Long Do You Have to File a BP 22 Case?

You generally have four years to file a criminal case for violation of BP 22.

The legal reason is simple:

BP 22 is a special penal law, not a crime under the Revised Penal Code.
BP 22 does not provide its own prescriptive period.
Under Act No. 3326, violations of special laws punished by imprisonment of more than one month but less than two years generally prescribe in four years.
BP 22 carries a penalty of imprisonment of 30 days to one year, or a fine, or both, under Batas Pambansa Blg. 22.

In plain English: do not wait beyond four years to act on a bounced check if you intend to file a BP 22 criminal complaint.

But there are three important warnings:

The demand letter does not replace the filing of the complaint.
Settlement talks do not automatically stop prescription.
The five-banking-day period is different from the four-year prescriptive period.

What Is BP 22?

BP 22 is commonly called the Bouncing Checks Law. It penalizes a person who makes, draws, and issues a check that is later dishonored by the bank because of insufficient funds, closed account, or similar reasons, when the legal requirements are present.

BP 22 is not exactly the same as estafa.

A bounced check may sometimes also involve estafa under Article 315 of the Revised Penal Code, especially if the check was used as part of deceit. But BP 22 has a narrower focus: it protects the reliability of checks as commercial instruments.

For BP 22, the usual elements are:

The accused made, drew, and issued a check.
The check was issued for value or on account.
At the time of issuance, the accused knew that there were insufficient funds or credit.
The check was dishonored by the bank when presented for payment.

Because “knowledge of insufficient funds” is difficult to prove directly, BP 22 creates a prima facie presumption of knowledge if the check is presented within 90 days from its date, the issuer receives notice of dishonor, and the issuer fails to pay or arrange full payment within five banking days.

Legal Basis of the Four-Year BP 22 Prescription Period

The four-year period comes from Act No. 3326, the law that sets prescription periods for offenses punished by special laws and municipal ordinances.

BP 22 is a special law. It does not state its own deadline for filing cases. Because the penalty under BP 22 includes imprisonment of not less than 30 days but not more than one year, the four-year prescriptive period under Act No. 3326 applies.

The Supreme Court has repeatedly recognized this four-year rule in BP 22 cases, including Panaguiton, Jr. v. Department of Justice, G.R. No. 167571, November 25, 2008, where the Court discussed prescription for BP 22 and the effect of filing a complaint with the prosecutor’s office.

When Do You Start Counting the Four Years?

The safest practical approach is to count the four years from the earliest date when the BP 22 violation can reasonably be treated as known or discovered — usually the date the check was dishonored or the date the payee learned of the dishonor.

However, a BP 22 complaint should not be filed carelessly the moment a check bounces. The complainant must also complete the notice requirement.

In practice, the sequence usually looks like this:

The check is deposited or presented to the bank.
The bank dishonors the check.
The bank issues a return slip or notice showing the reason, such as “DAIF,” “account closed,” or “insufficient funds.”
The payee sends a written notice of dishonor or demand letter to the check issuer.
The issuer receives the written notice.
Five banking days pass without full payment or arrangement for full payment.
The complainant files a BP 22 complaint.

To avoid prescription arguments, file well before the fourth year. Do not count from later promises such as “I will pay next month,” “I will replace the check,” or “I will settle after my remittance arrives.” Those promises may be relevant to settlement or civil collection, but they are not a safe basis for extending the BP 22 criminal deadline.

What Stops the Four-Year Period From Running?

Under current Supreme Court doctrine, the filing of the criminal complaint with the prosecution office may stop, or toll, the running of the prescriptive period.

This point has gone through important changes.

For years, lawyers debated whether prescription in BP 22 cases stopped when the complaint was filed with the prosecutor, or only when the Information was filed in court. Older cases created confusion, especially because BP 22 cases are covered by summary procedure.

The current rule was clarified in People v. Consebido, G.R. No. 258563, April 2, 2025. In that case, the Supreme Court En Banc ruled that the prescriptive period for prosecuting crimes, including those under the 2022 Rules on Expedited Procedures in the First Level Courts, stops once a complaint is filed with the DOJ or prosecution office, not only when the case reaches court. The Supreme Court’s public summary is available here: SC: Filing of Complaint Before DOJ Stops Prescriptive Period for Crimes.

For current BP 22 practice, the practical rule is:

File the BP 22 complaint-affidavit with the proper prosecutor’s office before the four-year period expires.

Still, because the Supreme Court stated that the Consebido ruling applies prospectively, older cases may involve date-specific arguments depending on when the check bounced, when the complaint was filed, and what procedural rule was in force at that time.

Demand Letter vs. BP 22 Complaint: Do Not Confuse Them

A common mistake is thinking that sending a demand letter already means a BP 22 case has been filed. It does not.

Document or act	Purpose	Does it stop prescription?
Written notice of dishonor / demand letter	Gives the check issuer notice and five banking days to pay	No, by itself
Complaint-affidavit filed with the prosecutor	Starts criminal proceedings	Yes, under current doctrine
Information filed in court	Formal criminal charge filed by the prosecutor	Yes
Settlement talks	May lead to payment or compromise	No, by itself
Barangay demand or private collection letter	May help prove efforts to collect	No, by itself

The demand letter is still very important. Without proof that the issuer received written notice of dishonor, the BP 22 case may fail.

But the demand letter is not the same as filing the criminal complaint.

The Five-Banking-Day Rule

BP 22 gives the check issuer a chance to avoid prosecution by paying the amount of the check or making arrangements for full payment within five banking days after receiving notice that the check was dishonored.

This means:

Count from the date the issuer actually received the written notice.
Count banking days, not calendar days.
Banking days generally exclude Saturdays, Sundays, and bank holidays.
The notice must be written; oral demand is not enough.
Proof of receipt is critical.

The Supreme Court has emphasized in cases such as Dico v. Court of Appeals, G.R. No. 141669, February 28, 2005, and Resterio v. People, G.R. No. 177438, September 24, 2012, that the written notice of dishonor and proof of receipt matter because the issuer must be given a real opportunity to pay within the statutory period.

The 90-Day Presentment Rule Is Not the Filing Deadline

Many people confuse the 90-day presentment rule with the BP 22 filing deadline.

They are different.

Under Section 2 of BP 22, presenting the check within 90 days from the date of the check helps create the legal presumption that the issuer knew of insufficient funds, if the other requirements are met.

But the 90-day period is not the deadline to file a BP 22 case.

Period	What it means
90 days from date of check	Important for the presumption of knowledge of insufficient funds
5 banking days from receipt of notice	Time given to the issuer to pay or arrange full payment
4 years	General prescriptive period for filing the BP 22 criminal case

If the check was presented after 90 days, a BP 22 case is not automatically impossible, but the complainant may lose the benefit of the statutory presumption and may need stronger evidence of knowledge.

Where Do You File a BP 22 Complaint?

A BP 22 complaint is usually filed with the Office of the City Prosecutor or Provincial Prosecutor that has jurisdiction over the place where an essential part of the offense happened.

BP 22 is treated as a transitory or continuing offense. In practical terms, venue may be proper where the check was:

made,
drawn,
issued,
delivered,
deposited,
presented, or
dishonored,

depending on the evidence and allegations.

The resulting criminal case is generally handled by the appropriate first-level court:

Metropolitan Trial Court (MeTC),
Municipal Trial Court in Cities (MTCC),
Municipal Trial Court (MTC), or
Municipal Circuit Trial Court (MCTC).

BP 22 cases are covered by the Rules on Expedited Procedures in the First Level Courts, which expressly include BP 22 under summary procedure.

Step-by-Step: How to File a BP 22 Case Before the Deadline

1. Secure the original check and bank return slip

Keep the original dishonored check. Also secure the bank return slip, check return memo, or stamped notation showing the reason for dishonor.

Common dishonor reasons include:

DAIF, meaning “drawn against insufficient funds”
account closed
payment stopped
no arrangement
insufficient funds

If there was a stop payment order, BP 22 may still apply if the account had insufficient funds or credit and the legal requirements are present.

2. Prepare a written notice of dishonor

The notice should clearly state:

the check number,
bank and branch,
date of the check,
amount,
reason for dishonor,
demand for payment, and
statement that payment or arrangement for full payment must be made within five banking days from receipt.

Avoid vague messages like “Please settle your account.” The letter should specifically identify the dishonored check.

3. Serve the notice properly

Service is often the weakest part of a BP 22 case.

Good proof may include:

personal service with signed receiving copy,
courier proof of delivery showing the recipient’s name and date,
registered mail registry receipt and return card,
affidavit or testimony of the person who mailed or served the notice,
email or messaging records, if properly authenticated and supported by surrounding evidence.

If the notice was received by a secretary, house helper, guard, or office staff, the complainant may later need to prove that the person was authorized to receive it or that the notice actually reached the accused.

4. Wait five banking days after receipt

Do not file too early. The issuer must be given the statutory period to pay or arrange full payment.

If the issuer pays in full within five banking days, that may be a complete defense to BP 22.

5. Prepare the complaint-affidavit

The complaint-affidavit should narrate the facts in chronological order:

Why the check was issued.
When and where the check was issued or delivered.
When the check was deposited or presented.
How and when it was dishonored.
When written notice of dishonor was sent.
When the accused received the notice.
That five banking days passed without full payment or arrangement.
That the check amount remains unpaid.

The affidavit must usually be sworn before a prosecutor, notary public, or authorized officer.

6. Attach supporting documents

A strong BP 22 complaint usually includes:

Document	Why it matters
Original check or clear copy	Proves issuance and check details
Bank return slip / check return memo	Proves dishonor and reason
Written demand letter / notice of dishonor	Proves notice
Proof of receipt	Shows when the five banking days started
Underlying contract, invoice, loan document, acknowledgment, or receipts	Shows why the check was issued
Valid IDs and contact information	Needed for filing and verification
Special Power of Attorney, if filed through a representative	Needed if the payee is abroad or unavailable
Corporate documents, if payee is a company	Shows authority of the representative

7. File with the proper prosecutor’s office

Once filed, keep stamped receiving copies and proof of the filing date. This is important for prescription.

The prosecutor may require the respondent to file a counter-affidavit. The prosecutor then determines whether there is probable cause. If probable cause is found, the prosecutor files the Information in court.

What Happens After Filing?

BP 22 cases are usually handled under summary procedure, which is designed to be faster than ordinary criminal procedure.

Typical stages include:

Filing of complaint-affidavit with the prosecutor.
Submission of counter-affidavit by the respondent.
Prosecutor’s resolution.
Filing of Information in court if probable cause exists.
Payment or assessment of docket fees for the civil aspect.
Arraignment and pre-trial.
Submission of affidavits and evidence.
Hearing, if required.
Judgment.

In practice, timelines vary widely. A simple BP 22 complaint may move faster if documents are complete and the respondent can be served. Delays often happen because of incomplete proof of notice, wrong address, missing original checks, difficulty serving the respondent, or motions challenging prescription or venue.

Is BP 22 Still Punishable by Imprisonment?

Yes, BP 22 has not been decriminalized.

However, the Supreme Court has issued guidance encouraging courts to prefer fines in appropriate cases. Under Administrative Circular No. 12-2000 and Administrative Circular No. 13-2001, the Supreme Court clarified that courts may impose a fine instead of imprisonment when the circumstances justify it, but imprisonment remains legally possible.

The penalty under BP 22 may be:

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

The court may also rule on the civil liability for the check amount.

BP 22 Criminal Case vs. Civil Collection Case

The four-year period discussed here refers to the criminal BP 22 case.

The creditor’s civil claim may have a different prescriptive period depending on the source of the obligation.

For example:

Type of civil claim	Possible Civil Code period
Written contract	10 years under Article 1144 of the Civil Code
Oral contract	6 years under Article 1145 of the Civil Code
Injury to rights or quasi-delict	4 years under Article 1146, depending on facts
Judgment	10 years to enforce by action

In BP 22 cases, the civil action for the check amount is generally deemed included in the criminal case. Under Supreme Court Circular No. 57-97 and Rule 111 of the Rules of Court, the criminal action for BP 22 includes the corresponding civil action, and separate reservation of the civil action is generally not allowed.

This matters because a person filing BP 22 is usually not only asking for punishment. The complainant is also usually seeking payment of the check amount.

Common Mistakes That Can Ruin a BP 22 Case

Waiting too long because the issuer keeps promising to pay

Many complainants wait because the issuer says:

“I will replace the check.”
“My funds are coming next month.”
“Do not file yet; I will settle.”
“I am abroad, but I will send money.”

Those promises may be sincere, but they do not safely stop the criminal prescriptive period. If payment is not made, prepare the case early.

Sending only a text message or verbal demand

A verbal demand or informal text message may not be enough. BP 22 practice requires a written notice of dishonor and reliable proof of receipt.

Failing to prove actual receipt

It is not enough to show that a letter was prepared. It is not always enough to show that it was mailed. The prosecution must be able to prove that the accused received the notice, or that service was legally sufficient under the circumstances.

Filing before the five banking days expire

If the complaint is filed too soon after the issuer receives notice, the accused may argue that the BP 22 case was premature because the law gave a five-banking-day opportunity to pay.

Filing in the wrong place

Venue must be supported by facts. If the check was issued in one city, deposited in another, and dishonored by a bank branch elsewhere, choose the filing venue carefully and explain the venue facts in the affidavit.

Thinking every bounced check is automatically BP 22

A bounced check is serious, but the prosecution still needs evidence of all required facts. Missing notice, unclear receipt, or weak proof of issuance can lead to dismissal or acquittal.

Special Situations: OFWs, Foreigners, and Companies

If the complainant is abroad

A complainant abroad may usually file through a representative, but the representative should have proper authority.

Common requirements include:

Special Power of Attorney;
complaint-affidavit;
copies of valid IDs;
original or certified documents;
proof of the transaction and dishonored check;
notarization, consular acknowledgment, or apostille depending on where the document is executed.

If documents are signed outside the Philippines, check whether the country is part of the Apostille Convention. Documents from Apostille countries may need an apostille; documents from non-Apostille countries may still require Philippine consular authentication.

If the check issuer is a foreigner

A foreigner who issues a check connected with a Philippine transaction may face BP 22 proceedings if the elements of the offense and Philippine venue are present. Practical issues may include service of notices, locating the accused, immigration status, and availability for court proceedings.

If the check is a corporate check

If the issuer is a corporation, BP 22 may apply to the person or persons who actually signed the check on behalf of the corporation. Section 1 of BP 22 specifically addresses checks issued by corporations, companies, or entities.

Do not assume that every officer or owner is automatically criminally liable. The complaint should identify who signed the check and what role that person played in the transaction.

Practical Timeline Example

Suppose a check dated March 1, 2026 is deposited on March 10, 2026 and dishonored on March 11, 2026 for insufficient funds.

A safe sequence may look like this:

Date	Event
March 11, 2026	Bank dishonors the check
March 13, 2026	Payee sends written notice of dishonor
March 17, 2026	Issuer receives notice
March 18–24, 2026	Five banking days are counted, assuming no holidays
March 25, 2026 onward	Complaint may be prepared and filed
Before March 20210	Complaint should be filed well before the four-year period expires

The exact four-year computation can be argued depending on facts, but the practical lesson is clear: do not wait for the fourth year.

Frequently Asked Questions

How many years before a BP 22 case prescribes?

A BP 22 criminal case generally prescribes in four years. This is based on Act No. 3326 because BP 22 is a special penal law and its penalty falls within the four-year category.

Is the four-year period counted from the check date or the bounce date?

In practice, the dishonor date is often the safer reference point because that is when the payee usually discovers that the check was not paid. But do not rely on fine distinctions if the deadline is near. Count conservatively from the earliest relevant date and file early.

Does a demand letter stop the BP 22 prescriptive period?

No. A demand letter is important for proving notice of dishonor, but it is not the same as filing the criminal complaint. Under current doctrine, the filing of the complaint with the prosecution office is what may stop prescription.

Can I file BP 22 without a demand letter?

A BP 22 complaint without proof of written notice of dishonor is weak and may fail. The notice requirement is tied to the issuer’s statutory chance to pay within five banking days and to the presumption of knowledge of insufficient funds.

What if the issuer received the demand letter but did not sign anything?

You will need other competent proof of receipt. This may include courier records, registered mail records, testimony of the person who served the notice, admissions, email trails, or other evidence showing actual receipt.

Can I still file a civil case if the BP 22 case already prescribed?

Possibly. Prescription of the criminal BP 22 case does not always erase the underlying debt. A civil collection claim may still be available depending on the written contract, loan document, invoices, acknowledgments, payments, and applicable Civil Code period.

Is BP 22 the same as estafa?

No. BP 22 punishes the issuance of a worthless check under the Bouncing Checks Law. Estafa requires deceit and damage under the Revised Penal Code. The same transaction may sometimes give rise to both, but they have different elements and may have different prescription rules.

Can settlement stop a BP 22 case?

Settlement may affect the civil liability and may influence how the parties proceed, but private settlement talks alone do not automatically stop prescription. If the case has already been filed, payment and compromise may be presented to the prosecutor or court, depending on the stage of the case.

Can each bounced check be a separate BP 22 case?

Yes. Each dishonored check may be treated as a separate count of BP 22. The prescriptive period should be evaluated separately for each check, especially if the checks have different dates, presentment dates, dishonor dates, or notice dates.

What is the most important document in a BP 22 case?

There is no single document. The strongest BP 22 complaints usually have a complete chain: the check, bank return slip, written notice of dishonor, proof of receipt, proof that five banking days passed without full payment, and documents showing why the check was issued.

Key Takeaways

The general prescriptive period for BP 22 is four years.
The four-year rule comes from Act No. 3326 because BP 22 is a special penal law.
Count conservatively from dishonor or discovery of dishonor, and do not rely on later promises to pay.
A demand letter is necessary in practice, but it does not by itself file the case or stop prescription.
The issuer must receive written notice of dishonor and be given five banking days to pay or arrange full payment.
Under current Supreme Court doctrine, filing the complaint with the prosecution office may stop prescription prospectively.
BP 22 cases are generally handled by first-level courts under summary procedure.
The civil claim for the check amount is usually included in the BP 22 criminal case.
Missing proof of receipt of notice is one of the most common reasons BP 22 cases fail.
File early, keep complete documents, and treat the four-year period as a hard deadline rather than a target date.