*This is a complete, practice-oriented guide to the Philippine Bouncing Checks Law (Batas Pambansa Blg. 22)—what makes a violation, how to prosecute or defend, parallel civil remedies, timelines, evidence, penalties, settlement paths, and common pitfalls. It focuses on post-dated checks (PDCs) but applies to most dishonored checks.*

1) Core ideas you should anchor on

B.P. 22 is a special criminal law. It punishes the mere act of making/drawing/issuing a check that later bounces for lack of funds or for a closed account. It is public wrong; payment after the offense is complete does not automatically erase criminal liability (though it can mitigate or lead to settlement).
Debt vs. check. Even if the underlying debt is civil, issuing a bad check is separately punishable.
Each check = one count. Ten bounced PDCs can mean ten criminal cases, with fines/penalties per count.

2) Elements of a B.P. 22 offense (what a complainant must prove)

The accused made, drew, and issued a check to apply on account or for value;
The check was presented within 90 days from its date;
The check was dishonored by the bank for insufficient funds/credit or account closed, or payment was refused for reasons that effectively relate to insufficiency (e.g., stop-payment without valid cause); and
Knowledge of insufficiency at the time of issuance is presumed if, after receiving written notice of dishonor, the drawer fails to pay the amount of the check—or make arrangements for full payment—within five (5) banking days.

Notice matters. There must be written notice of dishonor and proof the accused actually received it (or at least that it was properly served and received at the correct address). Without this, the statutory presumption of knowledge generally does not arise.

3) Criminal remedies: how a payee/holder prosecutes

A) Pre-case steps (fast and essential)

Secure bank proof of dishonor (machine stamp or return slip: “DAIF/NSF,” “Account Closed,” “Stop Payment,” etc.).
Send a written demand/notice of dishonor to the drawer’s address (and any address in the check/contract), preferably by registered mail and personal service.
Give five (5) banking days from receipt to pay in full or make arrangements that the law recognizes. Keep registry receipts, return cards, and affidavit of service.

B) Filing the criminal complaint

Where to file: Office of the City/Provincial Prosecutor with jurisdiction where an essential element occurred (commonly where the check was issued/delivered, or drawee bank is located).
With your complaint-affidavit, attach:
- Original/CTC of the check (or bank-certified copy);
- Bank return slip / dishonor stamp;
- Written notice of dishonor, proof of actual receipt or registry return card;
- Contract/invoice/loan documents proving the check was for value;
- Your ID and authority if filing for a corporation (board resolution/Sec. Cert.).
After inquest/prelim investigation: case is filed in the MTC/MeTC/MCTC; an arrest warrant may issue (bailable offense). Coordinate on bail immediately if needed.

C) Penalties (per count)

Imprisonment: 30 days to 1 year, or
Fine: typically up to double the amount of the check (subject to statutory/jurisprudential caps), or both, at the court’s discretion.
In practice, courts often impose fines (sometimes without imprisonment) in line with judicial circulars, especially for first-time, good-faith offenders who make restitution.

4) Civil remedies you can (and should) run in parallel

Civil action for sum of money (on the debt and/or on the instrument). You may file:
- Separate civil case in the proper court (by amount), or
- Reserve civil action and ask for civil liability in the criminal case, or
- Use Small Claims (within the threshold) for speed; judgment is final.
Damages you can claim: principal, legal/contractual interest (subject to reduction if unconscionable), penalties allowed by contract, attorney’s fees, and, in proper cases, moral/exemplary damages (e.g., deceit or bad faith).
Provisional remedies: Preliminary attachment (if fraud/deceit is pleaded and supported), to secure assets pending judgment.

Note: Estafa (Art. 315(2)(d)) is different—it needs deceit at the time of issuance (the check induced the creditor to part with money/property). You may allege estafa instead of or together with B.P. 22 when facts fit, but no double recovery.

5) Defenses (for the accused)

No written notice / no receipt of notice of dishonor → no presumption of knowledge; prosecution must then prove actual knowledge.
Payment within 5 banking days from receipt of notice → rebuts presumption; often leads to dismissal or acquittal.
Check not presented within 90 days from date → statutory element fails (unless independent proof of knowledge and insufficiency exists).
Stop-payment with valid cause (e.g., lost/stolen check; failure of consideration coupled with timely notice)—fact-intensive; mere dispute over quality/price is usually not enough.
No issuance / forged signature / lack of authority → identity and authorship of the check are central; corporations must show who actually issued/authorized the check.
Amount errors / alterations not attributable to the accused.
Civil compromise (full payment) → does not automatically bar criminal liability, but supports mitigation, fine-only penalty, or dismissal by desistance in some negotiated outcomes.

6) Corporate checks: who is liable?

The signatory who made/drew/issued the corporate check can be personally liable under B.P. 22.
For non-signatory officers, the State must show they caused or authorized the issuance knowing of insufficiency—mere position title is not enough.
The corporation remains civilly liable for the debt.

7) Practical playbooks

A) For payees/creditors (check bounces today)

Collect evidence: check, bank return slip, contract/invoice.
Send written notice the same or next business day (registered mail + personal service).
Diary 5 banking days from the drawer’s receipt.
If unpaid: file criminal complaint with prosecutor; file civil/small claims for the amount due (with interest/fees).
Consider settlement anytime; get cashier’s check or bank-to-bank credit; issue a Release and Quitclaim upon full payment.

B) For drawers/accused (receive notice or subpoena)

Confirm actual receipt date of notice; fund and pay within 5 banking days if you can (OR: secure a written arrangement that the payee accepts).
Gather documents: bank statements, proof of deposits, texts/emails showing agreements, reasons for stop-payment, proof of valid cause.
Appear and cooperate at prelim investigation; raise notice defects, presentation within 90 days, and good-faith funding.
If charged, prepare for bail; explore fine-only or plea terms tied to restitution.
Parallel civil settlement: ask for a compromise judgment with clear schedule; avoid open-ended promises.

8) Evidence kits

For complainants:

Original check (or bank-certified copy), bank return slip/stamp;
Written notice of dishonor + proof of actual receipt (registry return card, signed delivery, screenshot/email if admitted);
Contract/invoices/loan docs;
Affidavits of service and of execution; corporate authority if any.

For accused:

Proof of timely payment (within 5 banking days) or acceptable arrangements;
Bank deposit slips/online transfers around issuance/dishonor;
Stop-payment reasons (police blotter for lost check; dispute notices);
Evidence disputing issuance/signature or presentation timing.

9) Timelines & prescription

Offense completion: upon dishonor and failure to pay within 5 banking days from receipt of written notice.
Prescription: actions under special laws like B.P. 22 generally prescribe in four (4) years from completion of the offense. File early—evidence (addresses, return cards) goes stale fast.

10) Sentencing, fines, and post-judgment

Courts may tailor penalties per count, considering amount, restitution, first-offense, and mitigating circumstances.
Fine-only outcomes are common where restitution is made and circumstances warrant, but imprisonment remains legally available.
Civil liability (amount of the check + lawful interest/fees) is typically jointly and severally imposed with the penal sanction.
Probation may be available for imprisonment penalties within coverage; consult counsel.

11) Special issues with post-dated checks (PDCs)

Security vs. payment. Even if a PDC is labeled “for security only,” B.P. 22 can still apply once it is issued and later dishonored—the law targets the act of issuance of a worthless check.
Batch PDCs. If you issued multiple PDCs (e.g., monthly), a bounce on each date can create separate offenses and separate civil claims.
Presentment timing. Ensure each PDC is presented within 90 days from its face date to satisfy the statutory element/presumption.

12) Settlement strategies that actually close the loop

One-time payoff (often with penalties waived and interest reduced).
Structured plan embodied in a compromise judgment (so default allows immediate execution).
Substitution of payment instruments (cashier’s check, manager’s check, bank transfer).
Mutual releases: Complainant issues Release and Quitclaim and returns the original check (or certifies it cancelled) upon full payment.

Never rely on verbal promises. Put exact amounts, dates, bank details, and default clauses in writing.

13) Frequently asked questions

Q: Is a text or phone call enough as “notice of dishonor”? A: No. B.P. 22 presumes knowledge only with written notice and failure to pay within 5 banking days after receipt.
Q: If the bank stamped “Refer to Drawer” or “Stop Payment”, is that B.P. 22? A: Yes, often. If the refusal relates to insufficiency or unjustified stop-payment, it can qualify. A valid cause for stopping payment can be a defense.
Q: I paid after five banking days. Does that cure it? A: It may mitigate and help secure fine-only or a settlement, but it does not automatically extinguish criminal liability.
Q: Can the payee file both B.P. 22 and estafa? A: They are distinct. Estafa needs deceit at issuance. Courts disallow double recovery but the cases can proceed on different theories.
Q: Who chooses venue? A: The complainant, but it must be a place where an element occurred (e.g., issuance/delivery of the check or drawee bank location).

14) Quick, printable checklists

For payees/holders

Bank return slip/stamp secured
Written notice sent (registered mail + personal service)
5 banking days lapsed from actual receipt
Complaint-affidavit + annexes ready (check, proof, contracts)
Civil/small-claims case filed or reserved
Consider settlement terms; insist on bank-issued instruments/OR

For drawers/accused

Note date of actual receipt of notice
Pay within 5 banking days or secure written arrangement
Compile bank proofs, defenses (90-day presentment, stop-payment cause)
Prepare for prelim investigation; retain counsel
If charged, arrange bail; explore fine-only disposition with restitution

15) Model notices & clauses (essentials only)

Notice of Dishonor / Demand

We inform you that Check No. ______ dated ______ for ₱______ drawn against ______ Bank was dishonored for [DAIF/Account Closed/Stop Payment]. Please pay in full or make arrangements acceptable to us within five (5) banking days from your receipt of this letter, failing which we shall file the appropriate criminal and civil actions. (Attach bank return slip; send by registered mail and personal service; keep proof of receipt.)

Settlement clause (compromise judgment)

Defendant shall pay ₱______ on or before ______ and ₱______ monthly every ______ thereafter until full payment; default of one (1) installment renders the entire balance immediately due and writ of execution may issue. Upon full payment, plaintiff shall return the original checks and issue a Release and Quitclaim.

Final word

With B.P. 22 cases, paper wins cases: the check, the bank’s return, and especially the written notice of dishonor and the five-banking-day window. For payees, follow the statute’s choreography to the letter; for drawers, act within five banking days and document your defenses. Whether you prosecute or defend, combine criminal and civil tracks smartly—and use settlement when it achieves certain, enforceable closure.