How to Clear a BP 22 (Bouncing Checks Law) Case Reflected in NBI Records

Philippine jurisdiction. For general information only and not a substitute for legal advice.

1) BP 22 in a nutshell

Batas Pambansa Blg. 22 (BP 22) penalizes the making, drawing, and issuance of a check that is later dishonored for insufficiency of funds or because the account was already closed. In broad strokes, the prosecution must show that:

a check was issued to apply on account or for value;
it was dishonored upon presentment;
the issuer knew of insufficient funds or failed to make good the amount within five (5) banking days after receiving notice of dishonor.

BP 22 is malum prohibitum—intent to defraud is not an element. The law allows imprisonment, a fine, or both, but Supreme Court administrative circulars instruct courts to prefer fines (especially where the amount has been fully paid). Civil liability to pay the amount of the check (plus damages and costs, if awarded) is separate from the criminal aspect.

2) Why a BP 22 case appears in NBI records

The NBI database aggregates entries from courts, prosecutors’ offices, the PNP, and other agencies. A “HIT” on your NBI clearance usually means one of the following exists under your name (or a name similar to yours):

Pending criminal complaint undergoing preliminary investigation
Filed criminal case (with or without a warrant)
Archived case (often still flagged as pending)
Conviction or judgment (even if you already paid the fine or civil liability)
Dismissed or withdrawn case that has not yet been transmitted/annotated as cleared in the NBI system
Namesake issue (same or similar name, different person)

Key point: The NBI does not decide cases. It mirrors what the official source (prosecutor/court) reports. Clearing your record requires obtaining the right disposition documents and ensuring they are properly transmitted and annotated.

3) Lawful pathways to “clearance” (case-level)

A BP 22 entry leaves your NBI record when the underlying case is favorably disposed and the NBI receives/documentarily confirms that disposition. Typical lawful outcomes:

A. Before a criminal case is filed in court

Make good the check within 5 banking days from actual receipt of notice of dishonor. This negates the “knowledge” element and typically prevents criminal filing.
Settlement with complainant + Affidavit of Desistance before filing can persuade the prosecutor to dismiss the complaint for lack of probable cause. (Desistance is not controlling, but it’s influential when the amount has been fully paid.)

What to secure: Prosecutor’s Resolution of Dismissal (or Certification that no case was filed) and proof that the case is closed at the prosecutor’s level.

B. After a case is filed in court

Dismissal/Acquittal (e.g., defective notice of dishonor, lack of jurisdiction, fatal defects in the Information, denial of due process, reasonable doubt).
Plea to fine (courts frequently impose a fine instead of jail, especially upon full restitution); Probation can also be available if imprisonment is imposed. Completion results in a final judgment satisfied.
Civil settlement plus Affidavit of Desistance + Motion to Withdraw Information (subject to the court’s approval).
Dismissal for failure to prosecute or provisional dismissal that later ripens into permanent dismissal if the statutory conditions are met.
Quash/Recall of Warrant upon posting bail/surrender; then pursue one of the dismissals above.

What to secure: The court’s Order of Dismissal or Judgment, Certificate of Finality, Entry of Judgment, Official Receipt(s) for fines/restitution, Order recalling any warrant, and—if applicable—Order withdrawing the Information.

C. If the case is archived or stalled

Move to recall the warrant (if any), post bail if required, then seek dismissal (e.g., with desistance/settlement, or for lack of interest, or other meritorious grounds).
Obtain the Order of Dismissal and Certificate of Finality and have them transmitted.

D. If you were convicted but already paid

Secure proof of full payment (fine, civil liability, costs), and the court’s Entry of Judgment/Certificate of Finality. The NBI will annotate the record as CLEARED once it sees that the judgment has been satisfied and no further liability is outstanding.

4) Document checklist for clearing your NBI “HIT”

Bring original (for presentation) and photocopies:

Government ID(s) matching the name on your NBI application
If prosecutor-level dismissal:
- Resolution of Dismissal (with date and case/IN number)
- Certification that the case was not elevated to court
If court-level case:
- Order of Dismissal/Acquittal or Judgment (if fined/convicted)
- Certificate of Finality or Entry of Judgment
- Court Certification that no pending motions/appeals remain
- Official Receipts for fines, bail cancellation, civil liability payment
- Order of Withdrawal of Information (if applicable)
- Order Recalling/Quashing Warrant (if one issued)
If namesake issue:
- Affidavit of Denial/Discrepancy explaining you’re not the same person
- Supporting IDs (birth certificate, passports, PSA records, etc.)
- If available, a court certification identifying the accused as a different person (different middle name, birthdate, address)

5) Step-by-step: Clearing the NBI record

Identify the source of the HIT. At the NBI Clearance Center, the Quality Control or HIT desk will indicate the originating office (court/prosecutor), case number, and basic status. Note the exact branch, case/IN number, and year.
Fix the case at its source.
- Prosecutor level: If the complaint is still pending, pay/restitute, obtain an Affidavit of Desistance, and seek a Resolution of Dismissal.
- Court level: Post bail if necessary to lift warrants, then pursue dismissal, withdrawal of Information, acquittal, or judgment to fine (with immediate payment). If the case is already dismissed but unreflected, proceed to Step 3.
Collect dispositive documents. Secure certified true copies of the dispositive orders and the Certificate of Finality/Entry of Judgment. If dismissed at the prosecutor’s level, get the Resolution and Certification that no court case exists.
Request transmission/verification. Ask the Clerk of Court or Prosecutor’s Office to transmit the disposition to the NBI, or issue a Disposition Form/Certification addressed to the NBI (some jurisdictions have standard templates). Keep official receipt numbers for any fees.
Return to NBI Quality Control. Present the documents. The NBI will verify and annotate your record. If everything matches, your entry will be marked CLEARED (or the namesake tag will be resolved).
Re-apply for NBI Clearance (if needed). Once the annotation is in place, your new clearance should reflect NO DEROGATORY RECORD. Keep copies of all documents for future renewals.

6) Practical litigation notes (BP 22 specifics)

Notice of dishonor matters. The prosecution must prove actual receipt of notice (or circumstances showing the statutory presumption applies). Defects here often lead to acquittal/dismissal.
Full payment helps. While payment after five banking days does not automatically extinguish criminal liability, it is persuasive for dismissal on equitable grounds, plea to fine, or a non-custodial penalty. Always document receipts.
Affidavit of Desistance is supportive, not decisive. Courts may still proceed, but desistance—paired with restitution—often paves the way for dismissal or withdrawal of the Information.
Multiple checks = multiple counts. Each check can be a separate case; clear each one with its own set of orders and certifications.
Jurisdiction & venue: File/move in the place where the check was issued, delivered, deposited, or dishonored, per applicable rules; mis-venue can be a defense.
Corporate signatories: Liability can attach to the natural person who signed the check on behalf of a corporation if statutory elements are met.
Probation and fines: If imprisonment is imposed, explore probation immediately; if a fine is imposed, pay promptly and secure an Entry of Judgment to speed up NBI annotation.

7) Namesake and identity issues

If the HIT is someone else with the same name:

Ask the NBI QC desk for the exact identifiers on the case (middle name, birthdate, address).
Prepare an Affidavit of Denial + IDs; request a court or prosecutor certification identifying the accused by details that differ from yours.
Once verified, the NBI can tag your profile as cleared/not the same person.

8) Common roadblocks—and fixes

Old/archived warrants: Personally appear, post bail if required, and file a Motion to Recall Warrant; then pursue dismissal or other terminal relief.
Dismissed but not reflected in NBI: Bring certified copies and ask the court/prosecutor to re-transmit. Return to NBI QC for manual annotation.
Spelling/identity mismatches: Ensure your NBI application name matches your IDs and the name on court orders (if not, bring a court certification or PSA proof of correct identity).
Multiple venues/cases: Track each case number. You must clear each with its own final documents.

9) Frequently asked questions

Q: If I pay the check amount, is the case automatically gone? A: Not automatically. Payment within 5 banking days of notice typically defeats criminal liability; after that, payment strongly supports dismissal, fine-only penalty, or withdrawal—but you still need a formal disposition and NBI annotation.

Q: Can the NBI remove my name without court/prosecutor papers? A: No. The NBI relies on official dispositions. Bring certified copies or ask the source office to transmit.

Q: How do I lift a Hold Departure Order (HDO)? A: HDOs are court orders (or immigration alerts). Secure the Order lifting the HDO from the issuing court, then ensure transmittal to BI. This is separate from NBI, but often coincides in clearing your legal status.

Q: What if I already served a sentence or paid a fine years ago? A: Obtain the Entry of Judgment, Certificate of Finality, and proof of satisfaction of the judgment, then bring them to NBI QC for annotation.

10) Templates you can adapt (brief outlines)

A. Motion to Recall/Quash Warrant (BP 22):

Caption and case details
Appearance, surrender/attendance, or bail posting
Grounds: voluntary submission; no risk of flight; pendency of settlement/meritorious defenses
Prayer to recall warrant and for issuance of order notifying law enforcement

B. Motion to Dismiss / Withdraw Information (with Desistance):

Recital of full restitution and Affidavit of Desistance
Interests of justice and judicial economy; minimal penal interest; Supreme Court policy preferring fines/restorative outcomes in BP 22
Prayer for dismissal/withdrawal and cancellation of bail/warrant

C. Compliance & Manifestation (for NBI transmission):

Attaching certified copies of dispositive orders and Certificate of Finality
Requesting the Clerk of Court/Prosecutor to transmit to NBI, PNP, and BI

(Have a lawyer review and tailor these to local rules and your facts.)

11) Takeaways

Fix the source, then fix the record. The NBI mirrors prosecutor/court data.
Paper is power. Secure dismissal/acquittal/judgment + finality + receipts, then get them transmitted and annotated.
Pay early, document everything, and close every case number.
Namesake problems are solvable with proper IDs and certifications.

Need tailored advice?

Different courts and prosecutor’s offices have local practices. A short consult with counsel can save time—especially if there are multiple checks/cases, archived warrants, or namesake complications.