This guide walks you end-to-end through remedies when a post-dated check (PDC) is dishonored and the issuer has left—or is living—abroad. It covers demand requirements, criminal prosecution under Batas Pambansa Blg. 22 (B.P. 22, the Bouncing Checks Law), civil actions to collect, practical hurdles, timelines, evidence, and strategic choices. It is an information resource, not legal advice for a specific case.

1) First Principles

1.1. What a bounced PDC means

A check is not legal tender, but its issuance is strong evidence of an underlying obligation (loan, sale on credit, etc.).
A post-dated check may be issued for present value or as security for a pre-existing debt. This matters for estafa (see 6.5) but not for B.P. 22, which penalizes the act of issuing a worthless check that is subsequently dishonored, subject to notice and a 5-banking-day grace window.

1.2. Parallel tracks

You can pursue:

Criminal action under B.P. 22 (penal + civil liability), and/or
Civil action for sum of money (collection of the debt), with provisional remedies (e.g., attachment). They may be filed together (reserving or waiving the separate civil action) or separately. Strategy depends on service, venue, assets, and your objective (repayment vs. deterrence).

2) The Demand & Notice Stage (Crucial for B.P. 22)

2.1. Presentment of the check

Present the PDC for payment on or after its date.
For B.P. 22, present within 90 days from the date of the check. (Presentment beyond that weakens the case; the check becomes “stale” at 6 months for clearing, but B.P. 22 expects presentment within 90 days.)

2.2. Proof of dishonor

Secure the original check with the bank’s reason for dishonor stamped or certified (e.g., “DAIF/NSF,” “Account Closed,” “Payment Stopped”).
Obtain a bank certification or return slip indicating the dishonor date and reason.

2.3. Written Notice of Dishonor + 5 banking days

To trigger the B.P. 22 presumption of knowledge of insufficient funds:

Serve a written notice of dishonor and demand for payment.
Give the issuer five (5) banking days from receipt of the written notice to make good the check(s).
Service & proof:
- Best: personal service with an affidavit of service and a signed acknowledgment.
- Also acceptable: registered mail to the address stated on the check or address given at issuance (keep the registry receipt, registry return card/“green card,” or returned envelope marked “unclaimed,” and a post office certification if available).
If the issuer is abroad, send to the Philippine address stated on the check and, in the alternative, to the last known foreign address or email if available. Actual receipt is best; otherwise, strict, well-documented service to the address indicated by the issuer is typically relied upon.

2.4. Demand letter content (minimums)

Identify the check(s): bank, branch, check number, date, amount.
State the date and reason for dishonor.
Demand full payment within 5 banking days from receipt to avoid criminal action (B.P. 22) and civil suit.
Provide payment instructions and where to tender cash or manager’s check.
Attach copies of the check(s) and dishonor slip/certification.

3) Criminal Action Under B.P. 22

3.1. Elements to prove

Making, drawing, and issuance of a check to apply on account or for value;
Knowledge of insufficient funds or credit at the time of issuance; and
Dishonor of the check for insufficiency of funds or account closed;
Failure to pay within 5 banking days after receipt of written notice of dishonor.

The 5-day period is a statutory “cure.” If the issuer pays within that window, criminal liability does not attach, though civil liability for damages may remain.

3.2. Venue & jurisdiction

Where to file: The Office of the City/Provincial Prosecutor where any of the essential acts occurred, commonly:
- Place of issuance/delivery of the check, or
- Place of deposit/presentment/dishonor (drawee bank).
Court: First-level courts (MTC/MTCC/MCTC) generally try B.P. 22 cases.

3.3. Penalties & policy

Statute provides imprisonment and/or fine; in practice, courts often impose fine (especially for first-time, non-aggravated cases), with civil liability for the amount of the check plus interest/damages. Non-payment of the fine may result in execution; civil liability is enforceable separately.

3.4. Filing flow

Complaint-Affidavit with annexes (see 3.6).
Subpoena to respondent for counter-affidavit. If abroad and non-responsive, prosecutors may resolve ex parte upon proof of service/attempted service.
Resolution & Information filed in court if probable cause is found.
Warrant of arrest may issue. Accused must appear for arraignment and further proceedings.
Judgment; civil liability may be awarded.

3.5. Special issues when the issuer is abroad

Arraignment requires personal appearance (or authorized video-appearance if the court allows). If the accused remains abroad, the case can stall at the warrant stage.
Hold Departure Orders (HDOs) and watchlist: Courts may issue HDOs in pending criminal cases; the DOJ/BI may place persons on an ILBO/lookout on request. Practically, these are more effective if the person is in the Philippines.
Prescription: Offenses under special laws often prescribe in four (4) years from commission or discovery (interrupted by filing with the prosecutor). Filing early preserves your rights even if the accused is outside the country.

3.6. Evidence checklist (criminal)

Original bounced check(s) with bank stamps.
Bank certification/return slip stating the dishonor reason/date.
Written notice of dishonor and proof of receipt/service; registry receipts, “green card,” personal service affidavit, or proof of actual email/ack receipt.
Demand letter and proof of non-payment after 5 banking days.
Identification of the signatory (copies of IDs, specimen signatures, corporate authority if a company).
Underlying transaction documents (loan agreement, sales invoice/delivery receipt) to show “for value.”

4) Civil Action for Collection of Sum of Money

4.1. Nature & venue

A personal action to collect the debt (face amount of the check(s) plus 6% legal interest from demand or filing, and damages/attorney’s fees if warranted).
Venue: Where plaintiff resides or defendant resides (at plaintiff’s option).
- If the defendant is a resident temporarily abroad, venue rules still apply; service is the key issue.
- If the defendant is a non-resident not found in the Philippines, an in personam suit for money won’t generally prosper unless the defendant appears or has attachable property in the Philippines (see 4.3–4.4).

4.2. Courts & amounts

Small Claims (no lawyers required at hearing): up to ₱1,000,000 (current threshold). Good for straightforward money claims on loans or checks where service is feasible.
Regular civil action (MTC/RTC depending on amount) if the claim exceeds the small-claims cap or you need provisional remedies.

4.3. Service of summons when debtor is abroad

Resident temporarily out of the Philippines: courts may allow substituted service (leaving with a competent person at residence), service at place of business, service via courier/electronic means, or other modes authorized by the court.
Non-resident not found: for a pure money claim (in personam), the court generally lacks jurisdiction unless the defendant voluntarily appears. Work-around: convert to a quasi in rem action via preliminary attachment over Philippine property (see next).

4.4. Provisional remedy: Preliminary Attachment (Rule 57)

Available ex parte upon posting a bond when:
- The defendant is a non-resident; or
- The defendant is about to depart or is fraudulently concealing assets; or
- The claim is for money arising from fraud.
Once the sheriff levies on Philippine property (real property, vehicles, bank accounts, receivables), the case becomes quasi in rem, and you can proceed to judgment against the property even if the defendant stays abroad.

4.5. Evidence checklist (civil)

The check(s) and bank dishonor proof.
Loan/sales documents; statements of account.
Demands (not required to sue but crucial for interest and for B.P. 22).
Proof of partial payments, if any.
Damages proof (e.g., penalty charges by your own bank, collection costs), if claimed.

4.6. Prescription (civil)

Written contracts: generally 10 years from breach/non-payment.
Oral contracts or obligations not based on a written contract: generally 6 years.
Check as a negotiable instrument: claims on the instrument itself are subject to negotiable-instruments rules (presentment/notice), but collection suits typically rest on the underlying obligation.

5) Corporate Signatories & Multiple Checks

If the issuer is a corporation, the signatory may be liable under B.P. 22 if he/she knowingly issued the check without sufficient funds; the corporation bears the civil liability on the obligation.
Series of PDCs: Each check is a separate offense and a separate cause of action. Maintain per-check documentation of presentment, dishonor, and notice.

6) Strategy, Options, and Common Pitfalls

6.1. If immediate repayment is your goal

Start with a strong, well-documented demand invoking the 5-day B.P. 22 window—this often prompts settlement. Offer a manager’s check or cash-only policy for curing.
Consider structured settlement with post-judgment security (e.g., real estate mortgage, chattel mortgage) rather than new personal PDCs.

6.2. If the issuer has assets in the Philippines

File civil action + preliminary attachment to secure a lien.
Parallel B.P. 22 complaint to exert pressure (subject to strict compliance with notice).

6.3. If the issuer has no Philippine assets and is firmly abroad

A B.P. 22 case may lead to a warrant and border consequence if/when the person returns, but collection may be delayed.
Assess cross-border enforcement prospects (costly and slow): recognition of Philippine judgments abroad requires a separate proceeding there. Settlement may be more efficient.

6.4. Interest & damages

Legal interest: generally 6% per annum on money judgments from demand (or from filing if demand date is unproven) until full payment.
Attorney’s fees/liquidated damages: recoverable if contractually stipulated or when justified by bad faith.

6.5. Why estafa is different

Estafa by post-dating or issuing a check (Art. 315(2)(d), RPC) requires deceit at the time of transaction and that the check was not merely for a pre-existing debt.
If the PDC was issued purely as security for an old obligation without fresh consideration or deceit, estafa typically does not lie. B.P. 22 may still apply.

6.6. Common pitfalls that kill B.P. 22 cases

No written notice of dishonor (or cannot prove actual/constructive receipt).
Notice sent to the wrong address (not the one on the check or provided at issuance).
Presentment beyond 90 days from the check date.
Incomplete evidence of the underlying transaction/value.
Issuance by someone without authority (corporate signatory issues).

7) Step-By-Step Playbook

Step 1 — Audit your file. Gather: original checks (front/back), bank return slips/certifications, contracts/SOA, IDs, communications.

Step 2 — Present & document dishonor. Ensure timely presentment; obtain bank proof of dishonor with reasons/dates.

Step 3 — Serve written notice of dishonor + 5 banking days. Serve to the issuer’s address as stated on the check; use personal service (with affidavit) and/or registered mail (keep all proofs). If known abroad, also send there and by email/messenger; ask for acknowledgment.

Step 4 — Decide track(s).

B.P. 22 complaint with prosecutor in proper venue (place of issuance/delivery or dishonor).
Civil action (small claims or regular) where you can serve the defendant or attach property.

Step 5 — If civil, consider preliminary attachment. Identify attachable Philippine assets; prepare bond; file ex parte if grounds exist.

Step 6 — Prosecute or negotiate. Appear at hearings; press for payment via manager’s check. Record all offers. If settlement: compromise agreement with enforcement clause; withdraw criminal complaint only after value is paid/cleared.

Step 7 — Enforce judgment/settlement. Use writs of execution (levy, garnishment). For returning defendants, B.P. 22 cases can move from warrant to arraignment/trial.

8) Templates & Checklists

8.1. Demand & Notice of Dishonor (sample skeleton)

Subject: NOTICE OF DISHONOR AND DEMAND – [Bank/Branch], Check No. [], Dated [], Amount ₱[____]

Dear [Name], On [date], your check referenced above, issued to us for value, was dishonored by [drawee bank] for the reason: [DAIF / Account Closed / Payment Stopped], as certified by the bank on [date].

Pursuant to B.P. Blg. 22, you are hereby notified of dishonor and demanded to pay the face value of the check, ₱[amount], within five (5) banking days from your receipt of this letter to avoid criminal prosecution, without prejudice to our separate civil action for collection, interests (6% p.a. from demand), damages, and attorney’s fees.

Kindly pay in cash or manager’s check to: [Payee details], at [address], or via [bank details].

Failing which, we shall file appropriate criminal and civil actions.

Sincerely, [Name/Position] Attachments: Copy of check; bank return slip/certification.

(Serve by personal service with affidavit and/or registered mail to the address on the check and last known addresses; keep proofs.)

8.2. Criminal (B.P. 22) Annex Pack

Complaint-Affidavit narrating issuance → presentment → dishonor → notice → non-payment.
Originals/certified copies of: check(s) (front/back), bank dishonor proof, demand letter & proofs of service/receipt, underlying transaction documents, IDs/authority.

8.3. Civil Collection Annex Pack

Contract/IOU/SOA; the check(s) and dishonor proof; demands; proof of partial payments; computation of 6% legal interest and penalties (if any).

9) FAQs

Q: Can I sue both B.P. 22 and civil collection? A: Yes. You may file B.P. 22 and a civil action. If you file B.P. 22 first and claim civil liability there, you generally cannot have a separate civil action for the same cause without proper reservation/coordination. Plan the civil component before filing.

Q: The issuer is abroad and ignores notices. Is B.P. 22 still viable? A: Yes—if notice of dishonor was properly served (or constructively served) and non-payment persisted beyond 5 banking days. Prosecution and warrant can proceed; arrest occurs if/when the person enters the Philippines.

Q: I don’t know where the debtor lives abroad. A: Serve to the address on the check and last known local address. For civil cases, consider attachment of any Philippine property; otherwise, civil enforcement may be impractical until the debtor returns or has assets locally.

Q: The check was post-dated as security only. A: That may defeat estafa (no deceit at inception), but B.P. 22 can still apply if statutory requirements (presentment, written notice, 5-day window) are met.

Q: What if the check is old? A: For B.P. 22, if presentment was beyond 90 days, criminal liability is difficult. For civil collection, you can still sue on the underlying debt (respecting civil prescription periods).

10) Practical Tips

Redundancy in service: personal + registered mail + email/messenger acknowledgments.
Manager’s check only for cures/settlements; record date/time of receipt and deposit promptly.
Compute interest from the earliest provable demand date; if unclear, claim from filing.
Corporate payors: ask for a board resolution or Secretary’s Certificate authorizing settlement.
Never surrender the original check until funds clear; if you must, use a receipt acknowledging unpaid balance and keep certified copies.

Bottom Line

When a PDC bounces and the issuer is abroad, you can preserve leverage via meticulous notice, timely B.P. 22 filing, and a civil action anchored by preliminary attachment against Philippine assets. Your early decisions about venue, service, and security will often determine whether you recover quickly—or at all.