Bottom line: A bounced post-dated check (PDC) can trigger (1) criminal liability under Batas Pambansa Blg. 22 (BP 22), (2) criminal liability for estafa under Article 315(2)(d) of the Revised Penal Code (RPC) (as amended), and/or (3) civil actions (sum of money, damages, provisional remedies). These remedies may be pursued simultaneously (with rules on how civil claims interact with criminal cases). Success turns on proof of notice of dishonor, timely presentation, elements of deceit (for estafa), and documentation.

This guide explains the elements, defenses, timelines, procedure, penalties, venue, evidence, and practical strategies—plus ready-to-use templates.

1) The legal theories at a glance

A) BP 22 (Bouncing Checks Law) — malum prohibitum

Punishes the issuance of a check that is dishonored for insufficiency of funds or credit (or for a stop-payment order without valid cause), regardless of intent. Key features:

Presumption of knowledge of insufficient funds if:
1. the check is presented within 90 days from date; and
2. the drawer fails to pay or make arrangements for full payment within five (5) banking days from receipt of written notice of dishonor.
Purpose of the check is immaterial (even if for a pre-existing debt).
Notice of dishonor and receipt by the drawer are crucial; without proof of receipt, the prosecution typically fails.

B) Estafa under RPC Art. 315(2)(d) — fraud-based

Punishes defrauding another by issuing a check in payment of an obligation knowing at the time of issuance that there are no funds or insufficient funds, and it is dishonored, with failure to make good within three (3) days from receipt of notice of dishonor. Key differences:

Requires deceit at the time of issuance (i.e., the check was used to induce the creditor to part with money/property or to grant an extension).
Pre-existing debt usually negates deceit, unless you prove the check was part of a fraudulent scheme (e.g., issued to obtain forbearance through misrepresentation).
There is a statutory presumption of deceit if the drawer fails to fund/cover within three days from notice.

C) Civil actions

Sum of Money to recover the value of the check plus contractual/statutory interest, penalties, attorney’s fees.
Unjust enrichment/solutio indebiti if appropriate.
Provisional remedies: Preliminary Attachment when the claim is for money and based on fraud (Rule 57) or when the defendant is about to abscond or has disposed of property to defraud creditors.

Strategy tip: In straightforward duplicates/shortfalls with no misrepresentation, BP 22 + civil is often cleaner than estafa. Use estafa when you can show inducing deceit or abuse of confidence.

2) Elements you must prove

BP 22

Making/issuing/drawing and delivering a check;
Knowledge of insufficiency of funds/credit at the time of issuance (presumed if conditions below are met);
Dishonor upon presentment for insufficient funds, account closed, stop-payment without valid cause, etc.;
Drawer failed to pay or make arrangements within 5 banking days from receipt of written notice of dishonor;
Check presented within 90 days from its date.

Proof anchors: the check, bank return slip (reason for dishonor), written notice of dishonor, and proof the drawer actually received the notice (e.g., signed registry return card, personal service with acknowledgment, or other credible proof of receipt).

Estafa (Art. 315(2)(d))

Issuance of a check to obtain money/property/credit/forbearance;
Deceit at the time of issuance (misrepresentation that the check is funded/that payment will be honored);
Dishonor of the check;
Failure to make good within 3 days from receipt of notice of dishonor;
Damage to the offended party.

Proof anchors: pre-issuance representations, timing (the check induced delivery/extension, not merely paid an old debt), the notice, and failure to cure within 3 days.

3) Penalties and collateral consequences

BP 22 penalties

Imprisonment: 30 days to 1 year; or
Fine: at least the amount of the check but not more than double; or both at the court’s discretion.
Courts frequently impose fine instead of imprisonment (subject to jurisprudential guidance), plus civil liability. Probation may be available if imprisonment is imposed.

Estafa penalties (amount-dependent)

Penalties scale with the amount defrauded (as updated by law). Larger amounts mean higher penalties (which can be afflictive), plus civil liability (restitution, damages, interest). Payment mitigates but does not automatically extinguish criminal liability once consummated.

Collateral

Credit/Banking impact, possible watch-listing, reputational damage.
Corporate signatories may be held personally liable if they personally issued or authorized the issuance with knowledge of insufficiency; mere nominal officers without participation can defend on lack of authorship/authority/knowledge.

4) Jurisdiction, venue, and prescription (time limits)

Venue (criminal): Any place where an essential element occurred—issuance, delivery, dishonor, or receipt of notice—is generally proper.
Prescription:
- BP 22 cases ordinarily prescribe after a few years (counted from the commission or discovery per special law rules); file early—do not cut it close.
- Estafa prescribes based on the imposable penalty (period is years, not months). Because thresholds and penalties have been revised by statute and jurisprudence, conservative practice is to file promptly upon dishonor and failed cure.

5) The role of notice of dishonor

Both BP 22 and estafa hinge on the drawer’s receipt of written notice of dishonor and failure to cure within the statutory window (5 banking days under BP 22; 3 days under estafa). Practical rules:

Use written notice (on letterhead), include check details, amount, bank, date of presentment, reason for dishonor, and a clear deadline.
Serve through reliable means that create proof of actual receipt (personal service with acknowledgment, courier with recipient’s signature, or other credible proof). Registry receipts alone without proof of who received are risky.
If the drawer pays within the period, criminal liability under that statute generally does not arise.

6) Civil remedies in detail

Sum of money (ordinary civil action) to recover the face value of the check plus interest (contractual/legal), penalties, damages, and attorney’s fees.
Small claims procedure is available up to the prevailing monetary threshold set by Supreme Court rules (check the current cap; it has increased over time). No lawyers required at hearing; fast timelines.
Provisional remedies: Preliminary attachment when the claim arises from fraud or when the debtor is absconding/disposing assets to defraud creditors; injunction in narrow scenarios.
Reservation/waiver of civil action: Filing a criminal case generally impliedly institutes the civil action unless you reserve or have already filed separately.

7) Evidence checklist (build this before filing)

The check (original if possible), endorsements, and bank return slip stating reason for dishonor.
Written notice of dishonor + proof of actual receipt by the drawer (signature, photo, courier proof, affidavit of server).
Underlying transaction: contract, invoice, delivery receipt, promissory note, chat/email trail showing the purpose and timing (crucial for estafa).
Identity/authority of the drawer and signatory (corporate papers, board/Secretary’s certificate, specimen signatures).
Non-payment after notice: bank statements, demand follow-ups, partial-payment records.
Damages: computation of interest/penalties per contract or law.

8) Common defenses (and how to counter)

No written notice/No proof of receipt → cure by showing actual receipt (e.g., signed acknowledgment), or use admissions by the drawer about receiving the notice.
Payment within 5 banking days (BP 22) / 3 days (estafa) → defeats criminal liability under the respective statute; document dates/time precisely.
Check issued for pre-existing debt → weakens estafa (deceit element), but does not bar BP 22. Counter with evidence the check induced forbearance/extension.
Good-faith stop payment (e.g., material failure of consideration, forged alteration, stolen check) → may defeat BP 22 if valid cause is proven; rebut by proving the consideration, delivery, and absence of valid grounds.
Not a signatory/No authority → counter with specimen signature, authority documents, emails.
Not presented within 90 days → undermines BP 22 presumption; for civil suit, you can still sue on the underlying obligation.

9) Step-by-step playbook

Phase 1: Pre-litigation (7–10 days)

Bank return: Secure the return slip showing reason.
Compute outstanding amount + contractual/legal interest and penalties.
Serve Written Notice of Dishonor (include cure options):
- For BP 22 compliance: give 5 banking days to pay or make arrangements.
- For estafa: note the 3-day cure window.
Consider settlement proposal with a strict deadline (e.g., cashier’s check, guaranteed transfer).
Preserve evidence: certify screenshots, emails; prepare affidavits of service.

Phase 2: Filing

BP 22 Complaint-Affidavit with prosecutor (attach check, bank slip, notice, proof of receipt).
Estafa Complaint-Affidavit only if deceit can be shown (attach pre-issuance misrepresentations).
Civil: File Sum of Money (or Small Claims if within threshold). Consider Preliminary Attachment if facts justify.

Phase 3: Prosecution/Litigation

Prosecutor stage: Subpoena → Counter-Affidavit → Resolution → Information in court (if probable cause).
Arraignment, pre-trial, trial; restitution may support probation/mitigation, but is not an automatic bar once offense is complete.
Civil case proceeds on its own track unless consolidated/stayed as rules require.

10) Corporate checks & signatories

Company checks: Liability may attach to the corporation and the natural person who signed/authorized issuance with knowledge of insufficiency.
Defenses: Show you were a mere ministerial signatory without control/knowledge; or that funding was assured and bank error occurred; or that issuance was without authority.

11) Practical settlement architecture

Immediate full payment: obtain official receipt, return the original check, execute Quitclaim/Release (reserving rights if partial).
Staggered repayment: secure post-default agreement with strong security (e.g., real estate or chattel mortgage, surety, guarantor).
Confession of judgment/Jurat’d Promissory Note/Waiver of venue where enforceable.
Mediation: Courts and prosecutors have mediation stages; use them to lock in payment plans without weakening your criminal theory (word the agreement carefully).

12) Templates (adapt to your facts)

A) Written Notice of Dishonor & Demand (BP 22 / Estafa Compliant)

[Date]

[Name of Drawer]
[Address / Email]

Re: NOTICE OF DISHONOR – Check No. [____], dated [____], amount ₱[____]

Dear [Mr./Ms. ____]:

The above check issued by you in our favor was presented within ninety (90) days from its date and was DISHONORED by [Bank] for [“Insufficient Funds”/“Account Closed”/“Payment Stopped” – state exact reason], as evidenced by the attached bank return slip.

Pursuant to law, you are hereby given:
• five (5) banking days from receipt of this notice to pay or make arrangements for FULL payment (BP 22), and
• three (3) days from receipt to make the check good (RPC Art. 315[2][d]).

Please remit ₱[amount], plus interest and charges totaling ₱[amount], to:
[Payment instructions] no later than [deadline].

Failure to do so will constrain us to file the appropriate **criminal** and **civil** actions without further notice.

Very truly yours,
[Name/Position]
[Company]
(Attachments: bank slip; copy of check)

B) Complaint-Affidavit Outline (BP 22)

I, [Name], state:
1) On [date], Respondent issued Check No. [___], ₱[amount], drawn against [Bank/Branch], delivered to me for [purpose].
2) On [presentment date], the bank DISHONORED the check for [reason]; see Annex “A”.
3) On [date], I served a WRITTEN NOTICE OF DISHONOR; Respondent RECEIVED it on [date], as shown by Annex “B”.
4) Respondent FAILED to pay or make arrangements within 5 banking days.
I pray that Respondent be prosecuted under BP 22 and held civilly liable for ₱[amount] plus interest and damages.
[Signature / Jurat]

C) Civil Complaint (Sum of Money) Prayer (excerpt)

WHEREFORE, Plaintiff prays for judgment ordering Defendant to pay ₱[face amount] plus [contractual/legal] interest from [date], penalty of [rate if any], ₱[attorney’s fees], costs, and such further relief as may be just.

13) Do’s & Don’ts (quick list)

Present checks within 90 days from date.
Send written notice and secure proof of receipt.
Decide early whether facts support estafa (deceit) or just BP 22.
File a civil case to secure judgment and enable attachment where appropriate.
Keep a clean paper trail (contracts, delivery receipts, emails, chat exports).

Don’t

Rely on verbal notices.
Delay filing until prescription looms.
Assume payment after filing automatically erases criminal liability (it may mitigate, enable settlement, or support probation, but do not assume dismissal).
Mix up 5 banking days (BP 22) with 3 days (estafa)—use both timelines in your demand.

14) Key takeaways

Three lanes: BP 22 (issuance of bad check), Estafa (fraudulent use of a check to obtain/extend value), and Civil (sum of money + damages).
Notice of dishonor and proof of receipt are decisive.
Cure periods: 5 banking days (BP 22), 3 days (estafa).
Purpose matters for estafa (deceit) but not for BP 22.
Combine criminal pressure with a civil recovery plan and provisional remedies to maximize collection and resolve fast.

If you share dates (check date, presentment, dishonor), amount, how the check was used (sale/loan/extension), and what demands you’ve already sent, I can map your best remedy mix, draft a tailored demand, and outline venue & filing with a precise timeline.