The usual deadline to start a BP 22 bouncing check case in the Philippines is four years. But the more important question is: four years from when? In practice, you do not simply count from the date written on the check. For BP 22, the safer way to analyze the deadline is to count from the point when the offense becomes complete: the check is dishonored, the issuer actually receives written notice of dishonor, and the issuer fails to pay or arrange full payment within five banking days from receipt of that notice.

Quick Answer: You Usually Have 4 Years to File a BP 22 Case

A BP 22 case generally prescribes in four years because Batas Pambansa Blg. 22 is a special penal law, and BP 22 itself does not state its own prescription period.

The governing law is Act No. 3326, which provides that violations of special laws punished by imprisonment of more than one month but less than two years prescribe in four years. BP 22 carries imprisonment of 30 days to one year, or a fine, or both, so it falls under that four-year category. (Lawphil)

The practical rule is:

File the BP 22 complaint within four years from the completion of the offense, and do not rely on a demand letter alone to stop prescription.

Once a proper complaint-affidavit is filed with the prosecutor’s office, the running of prescription is generally interrupted. The Supreme Court confirmed in People v. Pangilinan that BP 22 prescribes in four years and that filing the complaint with the City Prosecutor interrupts the prescriptive period. (Supreme Court E-Library)

What Is BP 22?

BP 22, also called the Bouncing Checks Law, punishes the making, drawing, and issuing of a check that is later dishonored for insufficient funds or credit, or would have been dishonored for the same reason had the drawer not stopped payment without valid reason.

Under Section 1 of BP 22, the possible penalties are:

Penalty type	What BP 22 provides
Imprisonment	Not less than 30 days but not more than 1 year
Fine	Not less than, but not more than, double the amount of the check
Maximum fine	₱200,000
Combination	Both fine and imprisonment, at the court’s discretion

BP 22 also applies when a person had enough funds when the check was issued but failed to keep enough funds or credit to cover the check if it was presented within 90 days from the date appearing on the check. (Supreme Court E-Library)

A common misunderstanding is that BP 22 is only about unpaid debt. It is not. The law punishes the issuance of a worthless check because of its effect on banking and commercial transactions. However, the unpaid amount of the check is still important because the civil action to recover the amount is generally included in the criminal BP 22 case.

When Does the 4-Year Period Start?

For ordinary readers, the most useful way to think about it is this:

The check is issued.
The check is deposited or presented to the bank.
The bank dishonors the check.
The payee or holder sends a written notice of dishonor or demand letter.
The issuer actually receives that written notice.
The issuer fails to pay or make arrangements for full payment within five banking days.
The BP 22 offense is treated as complete for prescription purposes.

The five-banking-day period matters because BP 22 gives the issuer a final chance to avoid criminal prosecution by paying the amount due or arranging full payment after receiving notice that the check was dishonored. In People v. Pangilinan, the Supreme Court treated the reckoning point as the period when the issuer had been notified of the dishonor and the five-day grace period had elapsed. (Supreme Court E-Library)

Example

Suppose the issuer received the written notice of dishonor on March 3, 2026, a Tuesday.

If there are no banking holidays, count five banking days:

Day	Count
March 4	Banking Day 1
March 5	Banking Day 2
March 6	Banking Day 3
March 9	Banking Day 4
March 10	Banking Day 5

If the issuer still does not pay or arrange full payment by the end of the fifth banking day, the BP 22 case should be filed within four years from that point. Weekends and bank holidays are not counted as banking days.

Does Sending a Demand Letter Stop the 4-Year Period?

No. A demand letter or notice of dishonor is important, but it is not the same as filing a BP 22 complaint.

The demand letter helps establish that:

the check was dishonored;
the issuer was informed in writing;
the issuer had the required five banking days to pay; and
the issuer failed to make good the check within that period.

But the demand letter itself does not interrupt prescription. To stop the running of the four-year period, the safer legal step is to file the complaint-affidavit with the proper prosecutor’s office or proper authority.

This is especially important because many BP 22 cases get delayed due to settlement talks, promises to pay, partial payments, and repeated requests for “more time.” Those discussions may be useful commercially, but they should not make the complainant forget the legal deadline.

What Filing Interrupts Prescription?

The Supreme Court has recognized that filing a complaint with the prosecutor’s office can interrupt the prescriptive period for BP 22.

In Panaguiton, Jr. v. Department of Justice, the Court held that filing the complaint-affidavit before the City Prosecutor signified the commencement of proceedings for prosecution and interrupted the prescriptive period for BP 22. (Supreme Court E-Library)

In People v. Pangilinan, the Court again ruled that BP 22 prescribes in four years and that the running of the period is tolled upon the institution of proceedings against the accused. The Court specifically noted that the filing of the complaint with the prosecutor interrupted prescription, even though the information reached the court later. (Supreme Court E-Library)

As of current doctrine, the Supreme Court has also clarified more broadly that, for crimes covered by modern summary or expedited procedure rules, prescription stops once the complaint is filed with the Department of Justice or prosecutor, not only when the case reaches the court. In 2025, the Court abandoned earlier 2023 rulings that had required court filing for certain summary-procedure cases, and stated that the new clarification applies prospectively. (Supreme Court of the Philippines)

Why the Written Notice of Dishonor Is Critical

Many BP 22 cases are lost not because the check did not bounce, but because the complainant failed to prove proper written notice of dishonor.

The Supreme Court has repeatedly required proof that the issuer actually received notice of dishonor. In Cabrera v. People, the Court explained that the prosecution must prove that the drawer received the notice and failed to pay within five banking days. A mere oral demand is not enough. The Court also stressed that it is not enough to show that a notice was prepared or sent; there must be proof of service and receipt. (Supreme Court E-Library)

For practical purposes, the notice should be:

in writing;
addressed to the check issuer or authorized signatory;
specific about the check number, bank, amount, and reason for dishonor;
accompanied, when possible, by the bank return slip or stamped dishonored check; and
served in a way that can be proven later.

Better ways to prove receipt

Method	Practical proof to keep
Personal delivery	Receiving copy signed by the issuer or authorized representative
Registered mail	Registry receipt, return card, affidavit of mailing, tracking proof
Courier	Delivery receipt, tracking history, name/signature of recipient
Corporate recipient	Proof that the receiving person was authorized or connected with the company
Overseas issuer	Consular, apostilled, or authenticated proof may be needed depending on where documents are executed

Email or text messages may help show communications, but they should not replace a properly served written notice unless the facts clearly support actual receipt and admissibility.

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

1. Deposit or present the check promptly

Do not hold the check indefinitely. BP 22 specifically refers to presentment within 90 days from the date appearing on the check for important presumptions under the law. Presenting the check promptly also avoids factual disputes about delay, waiver, or stale transactions. (Supreme Court E-Library)

2. Secure the bank’s dishonor evidence

Ask the bank for documents showing why the check was dishonored. Depending on the bank and the transaction, these may include:

the original returned check;
check image or certified copy;
bank return slip;
stamped reason for dishonor, such as “DAIF,” “DAUD,” “account closed,” or similar notation;
bank certification, if available.

The reason for dishonor matters. BP 22 focuses on insufficient funds or credit, or dishonor that would have happened for that reason if the drawer had not stopped payment without valid cause.

3. Prepare and serve the written notice of dishonor

The notice should clearly demand payment of the check amount and inform the issuer that the check was dishonored.

Include:

name of issuer;
check number;
drawee bank and branch, if known;
check date;
check amount;
date of dishonor;
reason for dishonor;
demand to pay within five banking days from receipt.

Keep proof that the issuer actually received it.

4. Wait for the five banking days to lapse

The issuer has five banking days from receipt of the written notice to:

pay the check amount; or
make arrangements for payment in full.

Full payment within the five-banking-day period is a strong defense against BP 22 prosecution because the law gives the issuer that opportunity to avert the criminal case. (Supreme Court E-Library)

5. Calendar the four-year deadline

Count four years from the completion of the offense, usually after the five-banking-day grace period expires.

For multiple checks, calendar each check separately. Each dishonored check can give rise to a separate BP 22 count, and the dates of dishonor, notice, receipt, and lapse of the five banking days may differ.

6. Prepare the complaint-affidavit

A BP 22 complaint is usually started by filing a complaint-affidavit with the proper Office of the City Prosecutor or Provincial Prosecutor.

The complaint-affidavit should narrate:

how the transaction arose;
how and when the check was issued or delivered;
when the check was deposited or presented;
how it was dishonored;
when written notice was served;
how the issuer received the notice;
that five banking days passed without full payment or arrangement; and
the amount still unpaid.

The affidavit must be signed and notarized.

7. File in the proper place

BP 22 is treated as a transitory or continuing offense. A case may generally be filed where any essential act occurred, such as where the check was issued, delivered, deposited, presented, or dishonored. The Supreme Court has recognized that BP 22 may be filed in any place where an element of the offense occurred. (Supreme Court E-Library)

In practice, venue is often based on:

where the check was delivered to the payee;
where the payee deposited the check;
where the drawee bank dishonored the check; or
where the transaction and issuance happened.

Choosing the wrong venue can create avoidable delay, so the facts in the complaint-affidavit should clearly connect the case to the city or province where it is filed.

8. Follow the prosecutor’s process

The prosecutor may require the respondent to file a counter-affidavit. There may be clarificatory hearings, submission of additional documents, or opportunities for settlement.

If the prosecutor finds probable cause, an Information is filed in court. BP 22 cases are handled by first-level courts such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court. The 2022 Rules on Expedited Procedures cover BP 22 and other criminal cases punishable by imprisonment not exceeding one year, subject to the rule’s requirements. (Supreme Court of the Philippines)

Documents Commonly Needed for a BP 22 Filing

Document	Why it matters
Complaint-affidavit	Main sworn statement explaining the BP 22 violation
Original dishonored check or certified copy/check image	Proves issuance and identity of the check
Bank return slip or stamped dishonor notice	Proves dishonor and reason for dishonor
Written notice of dishonor/demand letter	Shows the issuer was informed
Proof of receipt	Crucial to prove the five-banking-day period started
Registry receipt, return card, courier proof, or receiving copy	Supports actual service of notice
Affidavit of mailing or affidavit of service	Helps prove how notice was sent or delivered
Valid IDs of complainant/affiant	Needed for notarization and filing
Board resolution or secretary’s certificate	Needed if complainant is a corporation
Special Power of Attorney	Needed if a representative files or signs for the complainant
Transaction documents	Invoices, loan documents, receipts, delivery receipts, contracts, statements of account
Proof of partial payments, if any	Helps establish remaining balance

For complainants abroad, affidavits and SPAs may need consular notarization, apostille, or other authentication depending on where the document is executed and where it will be used. The DFA’s apostille system applies to Philippine public documents for use abroad, while foreign documents generally need to be apostilled or authenticated in the country where they were issued before use in the Philippines. (Apostille Philippines)

Fees and Costs to Expect

There is usually no “filing fee” in the same sense as an ordinary civil collection case when you file a criminal complaint with the prosecutor. However, BP 22 is special because the civil action to recover the check amount is deemed included in the criminal action.

Under Rule 111 of the Rules of Criminal Procedure, the offended party in a BP 22 case must pay filing fees based on the amount of the check involved because the civil action is included and no reservation to file it separately is allowed. The Supreme Court discussed this rule in Apacible v. People, explaining that BP 22 cases require docket fees because the civil action is deemed instituted with the criminal case. (Supreme Court E-Library)

Practical costs may include:

notarization fees;
courier or registered mail costs;
bank certification or document fees;
photocopying and certified true copy costs;
travel or representative expenses;
court-assessed docket fees for the civil aspect.

The exact amount of docket fees depends on the check amount and court assessment.

Common Mistakes That Can Cause Problems

Waiting too long because the issuer keeps promising to pay

Settlement talks do not automatically stop prescription. If the four-year period is approaching, the complaint should be filed on time even if negotiations are ongoing.

Sending only an oral demand

An oral demand is risky. The Supreme Court has treated lack of written notice as fatal in BP 22 prosecutions because the issuer must be given a clear opportunity to pay within five banking days. (Supreme Court E-Library)

Failing to prove actual receipt

A demand letter is not enough if you cannot prove the issuer received it. Keep the receiving copy, registry documents, courier proof, and affidavit of service or mailing.

Counting from the check date only

The check date is important, but the BP 22 offense usually becomes actionable after dishonor, written notice, actual receipt, and lapse of five banking days. Counting incorrectly can lead to either premature filing or late filing.

Filing in the wrong city or province

BP 22 venue depends on where essential acts happened. The complaint should clearly state facts connecting the case to the chosen prosecutor’s office and court.

Forgetting that each check is separate

If there are ten dishonored checks, there may be ten separate BP 22 counts. The prescription analysis should be done per check, not only per transaction.

Assuming BP 22 has been decriminalized

BP 22 has not been repealed or fully decriminalized. The Supreme Court’s administrative circulars created a preference in appropriate cases for imposing a fine instead of imprisonment, but they did not remove imprisonment as an available penalty. Administrative Circular No. 13-2001 expressly clarified that imprisonment remains an alternative penalty under BP 22. (Lawphil)

BP 22 vs. Estafa: Does the Same Deadline Apply?

A bounced check can sometimes lead to both:

a BP 22 case under Batas Pambansa Blg. 22; and
an estafa case under Article 315 of the Revised Penal Code, if the facts show deceit or fraud.

They are different offenses.

BP 22 focuses on the issuance of a bouncing check. Estafa focuses on deceit and damage. For example, if the check was issued for a pre-existing debt, BP 22 may still apply, but estafa may be harder to prove because deceit must generally be the reason the offended party parted with money, property, or value.

BP 22 itself states that prosecution under BP 22 is without prejudice to liability under the Revised Penal Code. (Supreme Court E-Library)

Prescription periods for estafa can differ depending on the penalty and amount involved, especially after amendments to the Revised Penal Code. Do not assume that the BP 22 four-year period automatically applies to estafa.

What If the Case Is Filed After 4 Years?

If a BP 22 case is filed after the prescriptive period has expired, the accused may raise prescription as a defense. This can be done through a motion to quash or other appropriate pleading, depending on the stage of the case.

If the court finds that the offense has prescribed, criminal liability is extinguished. The complainant may still need to examine whether a separate civil remedy remains available, but BP 22 has a special rule that the civil action is generally included in the criminal action once BP 22 is filed.

Practical Timeline

Stage	Typical timing
Check issued	Date appearing on check or actual delivery date may matter
Check deposited/presented	Ideally within 90 days from check date
Bank dishonor	Usually same day or shortly after clearing
Written notice of dishonor	Should be sent promptly after dishonor
Five banking days	Count from actual receipt by issuer
Filing deadline	Generally within 4 years from completion of offense
Prosecutor proceedings	Can take weeks to months; delays vary by city/province
Court proceedings	BP 22 is handled in first-level courts under expedited or summary-type procedures, but actual pace depends on docket, service of notices, settlement, and motions

Frequently Asked Questions

How many years do I have to file a BP 22 case in the Philippines?

You generally have four years. The period is based on Act No. 3326 because BP 22 is a special law punished by imprisonment of more than one month but less than two years. (Lawphil)

When does the four-year period start in a BP 22 case?

The safer practical reckoning point is after the issuer actually receives written notice of dishonor and fails to pay or arrange full payment within five banking days. This is when the BP 22 offense is treated as complete for filing purposes.

Does a demand letter stop prescription?

No. A demand letter is important to prove notice of dishonor, but it does not by itself stop the four-year period. Filing the complaint with the prosecutor is the step that generally interrupts prescription.

Is actual receipt of the demand letter required?

Yes. The prosecution must prove that the issuer received written notice of dishonor. A mere oral demand, or a demand letter with no reliable proof of receipt, can seriously weaken or defeat the case. (Supreme Court E-Library)

Can I still file BP 22 if the issuer made partial payments?

Yes, partial payment does not automatically erase BP 22 liability if full payment was not made within the five-banking-day period after receipt of notice. But partial payments matter for the remaining civil liability, settlement discussions, and the court’s assessment of the facts.

Can each bounced check become a separate BP 22 case?

Yes. Each dishonored check can be treated as a separate count. If the checks have different dates of dishonor or different notice dates, calculate prescription separately for each check.

Can I file BP 22 and estafa at the same time?

Possibly, if the facts support both. BP 22 and estafa are different crimes. BP 22 punishes the issuance of a bouncing check; estafa requires deceit and damage under the Revised Penal Code. BP 22 expressly says prosecution under BP 22 is without prejudice to Revised Penal Code liability. (Supreme Court E-Library)

Is BP 22 still punishable by imprisonment?

Yes. BP 22 has not been fully decriminalized. Supreme Court circulars encourage fine-only penalties in appropriate cases, but imprisonment remains legally available depending on the circumstances and the judge’s discretion. (Lawphil)

Where should I file the BP 22 complaint?

File where an essential act occurred, such as where the check was issued, delivered, deposited, presented, or dishonored. BP 22 is treated as a transitory or continuing offense. (Supreme Court E-Library)

Do foreigners or OFWs follow the same BP 22 filing period?

Yes. The four-year prescription rule is the same. The main difference is documentary: affidavits, SPAs, and supporting documents executed abroad may need consular notarization, apostille, or authentication before they can be used properly in the Philippines.

Key Takeaways

A BP 22 case generally prescribes in four years.
The four-year period is based on Act No. 3326, not BP 22 itself.
Count carefully from the completion of the offense, usually after dishonor, actual receipt of written notice, and lapse of the five-banking-day grace period.
A demand letter does not stop prescription; filing the complaint with the prosecutor generally does.
Written notice of dishonor and proof of actual receipt are often the most important evidence in a BP 22 case.
Each bounced check should be analyzed separately for prescription.
BP 22 has not been fully decriminalized; imprisonment remains legally possible, although courts may impose fine-only penalties in appropriate cases.
For complainants abroad, properly notarized, apostilled, authenticated, or consularized documents may be needed to avoid filing problems.