For a BP 22 case in the Philippines, the usual prescriptive period is four years. In plain English, this means the criminal complaint for a bounced check under the Bouncing Checks Law must be started within the period allowed by law, or the accused may raise prescription as a ground to dismiss the case. The tricky part is not just knowing “four years,” but knowing when the clock starts, what filing stops the clock, and why a demand letter alone is not enough.

What Is a BP 22 Case?

BP 22 refers to Batas Pambansa Blg. 22, also called the Bouncing Checks Law. It punishes the making, drawing, and issuance of a check that is later dishonored because of insufficient funds, lack of credit, account closure, or a similar reason.

You can read the law here: Batas Pambansa Blg. 22 on Lawphil.

A BP 22 case is different from an ordinary collection case. It is a criminal case, although the civil liability for the amount of the check is usually included in the criminal action.

It is also different from estafa under the Revised Penal Code. Estafa requires fraud or deceit. BP 22 focuses on the issuance of a worthless check. In many real-life cases, the same bounced check may lead to both:

a BP 22 case, if the legal elements are present; and
an estafa complaint, if there was deceit or fraudulent inducement.

But the deadlines, elements, and defenses are not always the same.

The Short Answer: You Usually Have Four Years to File a BP 22 Case

A BP 22 case generally prescribes in four years.

This is because BP 22 is a special penal law and does not provide its own prescriptive period. The applicable law is Act No. 3326, which sets prescription periods for violations of special laws and municipal ordinances.

Under Act No. 3326, offenses punished by imprisonment of more than one month but less than two years prescribe in four years. BP 22 carries imprisonment of not less than 30 days but not more than one year, or a fine, or both. This is why the Supreme Court has consistently treated BP 22 violations as subject to a four-year prescriptive period.

You can read Act No. 3326 here: Act No. 3326 in the Supreme Court E-Library.

When Does the Four-Year Period Start?

The safest starting point is the date when the BP 22 offense is considered committed. In practice, this is usually tied to the dishonor of the check and the surrounding facts showing that the issuer failed to make the check good.

For ordinary readers, the timeline often looks like this:

The check is issued.
The payee deposits or presents the check for payment.
The bank dishonors the check.
The payee or bank sends a written notice of dishonor or demand letter.
The issuer receives the notice.
The issuer fails to pay or arrange full payment within five banking days.
The offended party files the BP 22 complaint.

In many Supreme Court discussions, prescription is reckoned from the dishonor of the check. But from a practical filing standpoint, you should also pay close attention to the notice of dishonor because it is essential for proving the issuer’s knowledge of insufficient funds.

Why the Notice of Dishonor Matters

Under Section 2 of BP 22, if a check is presented within 90 days from its date and is dishonored, this may create prima facie evidence that the issuer knew there were insufficient funds. But this presumption arises only if the issuer receives notice that the check was dishonored and then fails to pay or make arrangements for full payment within five banking days.

The Supreme Court has repeatedly stressed that a written notice of dishonor is crucial. In Alburo v. People, the Court explained that the prosecution must prove that the accused actually received written notice of dishonor. A mere oral demand is not enough. Lack of proof of receipt can be fatal to the criminal case.

You can read the decision here: Alburo v. People, G.R. No. 196289.

This is why people filing BP 22 complaints should not only keep the bounced check. They should also keep proof that the written demand or notice was actually received.

What Filing Stops the Four-Year Period?

This is one of the most important practical questions.

The current rule, following the Supreme Court’s 2025 En Banc ruling in People v. Consebido, is that the prescriptive period stops running once the complaint is filed with the prosecution and the proper summary investigation begins. The Supreme Court abandoned its earlier 2023 rulings in Republic v. Desierto and Corpus, Jr. v. People, which had caused confusion by saying that for summary procedure cases, prescription was stopped only by filing in court.

You can read the Supreme Court’s announcement here: SC: Filing of Complaint Before DOJ Stops Prescriptive Period for Crimes, and the case page here: People v. Consebido, G.R. No. 258563.

This matters because BP 22 cases are handled by first-level courts and are now covered by expedited procedures. In practical terms, the safer course is:

file the complaint-affidavit with the proper Office of the City or Provincial Prosecutor well before the four-year deadline;
make sure the filing is properly received and docketed;
keep stamped receiving copies and proof of filing; and
avoid filing at the last minute.

Even with the current Consebido rule, last-minute filing is risky because prosecutors may question venue, completeness of documents, authority of the complainant, or proof of notice.

Demand Letter vs. Criminal Complaint: Do Not Confuse the Two

A common mistake is thinking that sending a demand letter already “files” the BP 22 case. It does not.

A demand letter or notice of dishonor is important because it gives the issuer the five-banking-day period to pay and helps prove knowledge of insufficient funds. But it is not the same as filing a criminal complaint.

Action	Does it stop prescription?	Why it matters
Calling or texting the issuer	No	May help settlement, but weak as evidence
Sending a written demand letter	No, by itself	Needed to prove notice of dishonor and five-day period
Barangay complaint	Usually no	BP 22 is generally not handled as an ordinary barangay dispute because of the penalty and fine involved
Filing complaint-affidavit with the prosecutor	Yes, under current Supreme Court doctrine	Starts the criminal process and may toll prescription
Filing of Information in court	Yes	Formal criminal case in court begins

How to Count the Deadline: Simple Examples

Example 1: Ordinary bounced check

Check date: January 10, 2023
Deposited: January 15, 2023
Dishonored: January 16, 2023
Written notice received by issuer: January 25, 2023
Five banking days lapse without payment: around early February 2023

The safest approach is to file the BP 22 complaint long before January 16, 2027, and preferably much earlier. Waiting until the fourth year creates avoidable problems.

Example 2: Demand letter sent late

Check dishonored: March 1, 2022
Demand letter sent only in December 2025
Complaint filed in February 2026

This may still be within four years from dishonor, but it is risky. The delay may create factual issues, missing records, unavailable witnesses, and arguments about the complainant’s diligence. Banks may also have document retention limits, so securing certified copies early is important.

Example 3: Complaint filed after four years

Check dishonored: June 1, 2020
Complaint filed with prosecutor: July 1, 2024

The accused may argue that the BP 22 offense has prescribed because more than four years passed before filing. If the defense is correct and no valid interruption occurred, the criminal case may be dismissed.

Step-by-Step Guide to Filing a BP 22 Case Within the Deadline

1. Secure the dishonored check and bank evidence

Keep the original check if it is returned by the bank. If the bank keeps it, request certified copies or bank certification.

Important documents include:

original dishonored check or certified true copy;
bank return slip;
bank certification;
deposit slip or proof of presentment;
notation showing the reason for dishonor, such as:
- DAIF, or “drawn against insufficient funds”;
- account closed;
- payment stopped without valid reason;
- insufficient funds or credit.

2. Send a written notice of dishonor or demand letter

The notice should clearly state:

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

The notice should be in writing. Proof of receipt is extremely important.

Common ways to prove receipt include:

personal service with signed acknowledgment;
registered mail with registry receipt and return card;
courier proof of delivery;
affidavit of service by the person who served it;
email or electronic proof, if properly authenticated and supported by facts showing actual receipt.

3. Wait for the five banking days to lapse

The issuer must be given five banking days from receipt of notice to pay or arrange full payment.

Do not count Saturdays, Sundays, and bank holidays as banking days. If the issuer pays the full amount within this period, that may be a complete defense to BP 22.

4. Prepare the complaint-affidavit

The complaint-affidavit should tell the story clearly:

who issued the check;
when and where it was issued or delivered;
what obligation or transaction it covered;
when it was deposited or presented;
how and when it was dishonored;
how notice of dishonor was sent and received;
that the issuer failed to pay within five banking days.

Attach copies of all supporting documents.

5. File with the proper prosecutor’s office

BP 22 cases are generally filed with the Office of the City Prosecutor or Office of the Provincial Prosecutor where a material element of the offense occurred.

BP 22 is treated as a continuing or transitory offense. Depending on the facts, venue may lie where the check was drawn, issued, delivered, deposited, presented, or dishonored. The Supreme Court discussed this in cases such as Morillo v. People.

You can read the decision here: Morillo v. People, G.R. No. 198270.

6. Keep stamped copies and track the case

When filing close to the deadline, proof of filing is critical. Keep:

stamped received copy of the complaint-affidavit;
prosecutor’s docket number;
official receipts, if any;
proof of submission of attachments;
notices from the prosecutor;
copies of counter-affidavits and resolutions.

Required Documents for a BP 22 Complaint

Document	Why it matters
Complaint-affidavit	Main sworn statement of the complainant
Original or certified copy of the dishonored check	Proves issuance and check details
Bank return slip or certification	Proves presentment and dishonor
Written notice of dishonor or demand letter	Helps prove knowledge and due process
Proof of receipt of demand letter	Often decisive in BP 22 cases
Proof of underlying transaction	Shows why the check was issued
Valid IDs of complainant	Required for notarization and filing
Secretary’s certificate or board resolution	Needed if complainant is a corporation
Special Power of Attorney	Needed if filing through a representative
Affidavit of service	Helps prove how notice was delivered

Special Situations for OFWs, Foreigners, and Companies

If the complainant is abroad

An OFW, foreign creditor, or overseas business owner may file through a representative in the Philippines. Usually, this requires a Special Power of Attorney.

If the SPA is signed abroad, it may need to be:

notarized in the foreign country; and
apostilled if the country is a party to the Apostille Convention; or
consularized/authenticated through the Philippine Embassy or Consulate if apostille is not available.

The representative should have authority not only to file the complaint, but also to sign affidavits, submit documents, attend hearings, enter settlement discussions, and receive notices.

If the complainant is a corporation

A corporation acts through authorized officers. Prosecutors usually require:

secretary’s certificate;
board resolution or equivalent authority;
complaint-affidavit of the authorized representative;
company documents showing the transaction;
proof that the representative has personal knowledge or access to company records.

If the accused is a foreigner

Nationality does not exempt a person from BP 22 if the check transaction and criminal elements occurred in the Philippines. The main practical issues are usually service of notices, appearance in court, immigration status, and enforceability of court processes.

If the check was issued outside the Philippines

BP 22 is a Philippine criminal law. If all essential acts happened abroad, Philippine prosecutors may question jurisdiction. If some material elements occurred in the Philippines, such as delivery, presentment, or dishonor, venue and jurisdiction must be carefully reviewed.

Common Mistakes That Can Hurt a BP 22 Case

1. Waiting too long before sending demand

A late demand letter may still be legally usable in some cases, but it creates practical problems. Witnesses forget details. Bank records become harder to obtain. The accused may have moved. Prescription may become a serious defense.

2. Relying only on text messages

Text messages can help show communication, but they are not a clean substitute for a proper written notice of dishonor with proof of receipt.

3. Sending notice to the wrong address

If the demand letter was received by someone else, the prosecution may have to prove that the recipient was authorized to receive it for the issuer. Courts do not automatically assume that a household helper, employee, guard, or relative had authority to receive legal notices.

4. Filing in the wrong city or province

Venue in criminal cases is jurisdictional. If the chosen prosecutor or court has no connection to where the material acts occurred, the case may be challenged.

5. Assuming partial payment erases BP 22 liability

Partial payment after dishonor may reduce civil liability or support settlement, but it does not automatically erase criminal liability. Full payment within five banking days from receipt of notice is the stronger defense recognized in BP 22 jurisprudence.

6. Confusing BP 22 with collection of sum of money

A BP 22 case may include civil liability, but its main issue is criminal liability for issuing a worthless check. If the criminal case prescribes or fails because notice was not proven, the creditor may still consider a civil collection case, subject to different prescriptive periods and rules.

What Happens After Filing With the Prosecutor?

The usual process is:

Filing of complaint-affidavit with attachments.
Docketing and assignment to an investigating prosecutor.
Issuance of subpoena to the respondent.
Submission of counter-affidavit by the respondent.
Possible submission of reply-affidavit.
Resolution by the prosecutor.
If probable cause is found, filing of Information in the proper first-level court.
Court proceedings under the applicable expedited rules.

BP 22 cases are generally handled by first-level courts such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

Does BP 22 Still Carry Jail Time?

Yes, BP 22 remains a criminal offense. However, the Supreme Court has issued administrative circulars encouraging courts, where proper, to prefer the imposition of a fine instead of imprisonment, depending on the facts.

This does not decriminalize BP 22. It only guides sentencing. A person convicted of BP 22 may still face criminal consequences, civil liability, court appearances, and possible enforcement measures.

Frequently Asked Questions

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

Generally, you have four years to file a BP 22 case. The period is based on Act No. 3326 because BP 22 is a special law that does not provide its own prescriptive period.

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

It is commonly reckoned from the commission of the offense, which is usually tied to the dishonor of the check. In actual case preparation, the dates of dishonor, written notice, receipt of notice, and lapse of the five banking days should all be documented.

Does sending a demand letter stop the four-year period?

No. A demand letter is not the same as filing a criminal complaint. It is important because it helps prove notice of dishonor and gives the issuer the five-banking-day period to pay, but it does not by itself stop prescription.

Does filing with the prosecutor stop prescription?

Under the current Supreme Court rule in People v. Consebido, the prescriptive period stops when the complaint is filed with the prosecution and the proper summary investigation begins. Because the ruling applies prospectively and prescription issues can be technical, filing should be done well before the four-year deadline.

What if the check issuer paid after receiving the demand letter?

If the issuer fully pays the check amount within five banking days from receipt of written notice of dishonor, that may be a complete defense to BP 22. Payment after that period may affect settlement or civil liability, but it does not automatically erase criminal exposure.

Can I file BP 22 even if the check was issued as security?

Possibly, yes. BP 22 focuses on the making, drawing, and issuance of a check that is dishonored. However, the exact purpose of the check, the surrounding transaction, and proof of the legal elements still matter.

Can I file both BP 22 and estafa?

Yes, if the facts support both. BP 22 and estafa have different elements. Estafa requires deceit and damage, while BP 22 focuses on the issuance and dishonor of the check plus the required knowledge element.

Is barangay conciliation required before filing BP 22?

Usually, no. BP 22 is generally not treated as a simple barangay dispute because of the penalty and fine involved. The complaint is usually filed directly with the prosecutor’s office.

What if I am abroad and need to file a BP 22 case?

You may authorize a representative in the Philippines through a Special Power of Attorney. If signed abroad, the SPA may need notarization and apostille or consular authentication, depending on the country.

What happens if the BP 22 case is filed too late?

If the case is filed after the prescriptive period has expired, the accused may raise prescription. If the court agrees, the criminal liability is extinguished and the BP 22 case may be dismissed.

Key Takeaways

A BP 22 case in the Philippines generally prescribes in four years.
The four-year period is based on Act No. 3326, because BP 22 is a special penal law without its own prescription period.
The timeline is usually connected to the dishonor of the check, but the notice of dishonor and five-banking-day period are critical for proving the case.
A demand letter does not by itself stop prescription.
Under current Supreme Court doctrine, filing the complaint with the prosecutor and the start of summary investigation may stop the running of prescription.
Keep the original check, bank records, written demand letter, and proof that the issuer actually received notice.
Do not wait until the fourth year to file. Prescription, venue, missing documents, and proof of notice are common reasons BP 22 cases run into trouble.