Here’s a comprehensive, practice-oriented legal article on Liability for Bouncing Post-Dated Checks under Batas Pambansa Blg. 22 (BP 22) in the Philippines—crafted to cover doctrine, elements, procedure, defenses, penalties, and common traps. It’s written for lawyers, HR/finance officers, and entrepreneurs who need clarity fast.

What BP 22 Punishes—in One Line

Issuing a check (including post-dated checks) that is later dishonored for insufficient funds/credit or account closure—with knowledge at the time of issue that funds or credit are insufficient. BP 22 is malum prohibitum: intent to defraud is not required.

Elements of the Offense (Checklist)

To convict under BP 22, the prosecution must establish:

Making/drawing and issuance of a check.
- “Issuance” includes delivery to the payee/holder; post-dating does not take the check outside BP 22.
Knowledge of insufficient funds or credit at the time of issue.
- Prima facie presumption arises if: a) the check is presented within 90 days from its date; and b) the drawer fails to pay or make arrangements to pay the amount within five (5) banking days after receipt of written notice of dishonor.
Subsequent dishonor by the drawee bank for insufficiency of funds/credit, account closed, or any analogous reason showing lack of funds/credit.
- A stop-payment order does not immunize the drawer if the check would have bounced anyway for insufficiency.

Practical note: The 90-day presentment is tied to the statutory presumption of knowledge. The State may still prove actual knowledge by other evidence even if presentment occurred after 90 days, but prosecutors usually rely on the presumption.

Post-Dated Checks (PDCs): Special Points

Covered by BP 22 just like current-dated checks. The law focuses on the act of issuing a worthless instrument, not on whether it serves as payment, deposit, earnest money, or “security.”
A defense that the PDC was issued “as mere guarantee” generally fails under BP 22 (though it can be relevant in separate estafa analysis).
Dating and presentment: The 90-day window runs from the date on the check, not from the day you handed it over.

Notice of Dishonor: The Case-Breaker

To trigger the 5-banking-day grace, the drawer must actually receive a written notice of dishonor (e.g., demand letter, bank notice).
Proof of receipt (e.g., registry return card, courier proof, signed acknowledgment) is critical; many BP 22 cases fail for lack of this proof.
If the accused pays in full or makes payment arrangements acceptable to the payee within five banking days of receipt, the presumption of knowledge is rebutted and criminal liability does not attach.

“Knowledge” Without the Presumption

Even without the statutory presumption, knowledge can be shown by:

Admissions (emails, texts acknowledging no funds),
Pattern of repeated bounces,
Bank certifications showing chronic insufficiency at issuance, or
Other circumstantial evidence (e.g., account already closed when check was issued).

Covered Persons and Corporate Situations

Natural persons: Anyone who makes/draws and issues the check.
Corporations/partnerships: The signatory/authorized officer(s) who issued the check are the ones who face criminal liability; the entity bears civil liability.
Agents/proxies: If you sign your own name (or countersign) as drawer on a corporate check, you expose yourself, personally, to BP 22 liability.

Venue & Jurisdiction (Where to File)

Venue lies in any place where an element occurred—commonly:

Where the check was issued/delivered, or
Where it was dishonored (location of the drawee bank).

Cases are filed in the first-level courts (MeTC/MTCC/MTC), applying the Rule on Summary Procedure features (no arrest warrants on first instance for most cases; affidavit-driven prosecution; limited motions).

Penalties & Sentencing

Statutory penalties (Sec. 1):

Imprisonment: 30 days to 1 year, or
Fine: Not less than the check amount but not more than double its amount, or both at the court’s discretion.

Sentencing policy: The Supreme Court (administrative circulars) has directed courts to prefer fines over imprisonment as a rule in BP 22, to decongest jails and emphasize restitution—but judges may still impose imprisonment given compelling reasons (e.g., recidivism, defiance).

Civil liability: Separate and in addition to the criminal penalty—covering the face value (minus payments), legal interest, damages (if proven), and costs.

Interaction with Estafa (Art. 315(2)(d), RPC)

Different offenses with distinct elements. BP 22 punishes the issuance of a worthless check; estafa punishes deceit and damage.
A single transaction can lead to both BP 22 and estafa cases without double jeopardy (elements test).
Payment may extinguish or mitigate civil liability and impact penalty/probation, but does not erase criminal liability once the BP 22 offense has been consummated.

Defenses—What Works (and What Doesn’t)

Often effective

No issuance / forgery: Defendant did not sign or deliver the check.
No written notice actually received: The State cannot prove the drawer received a written dishonor notice; the presumption fails.
Payment within 5 banking days after notice: Statutory safe harbor.
Check presented after 90 days: Presumption inapplicable (though State may try to prove actual knowledge).
Not a “check” within the law: E.g., a non-negotiable instrument that is not drawn on a bank.

Usually ineffective

“No intent to defraud.” (Not an element.)
“Issued as guarantee/security only.” (BP 22 still applies.)
“I placed a stop-payment order.” (Liability remains if funds were insufficient.)
“There was no consideration.” (BP 22 targets the issuance of a worthless check, separate from contract validity.)
“The payee promised to hold the check.” (Risk remains; if deposited within 90 days of date and it bounces, the statute’s presumption can attach once notice is received.)

Compliance & Risk-Reduction (For Businesses and Individuals)

For drawers

Never issue PDCs without assured funding on or before the date.
Maintain a funding calendar keyed to PDC due dates.
If a check bounces, pay within 5 banking days of receiving written notice, or document acceptable arrangements.
Avoid “account closed” scenarios; they are damning.
If a checkbook is lost/compromised, immediate written notices to counterparties and bank can help rebut “knowledge.”

For payees

Deposit within 90 days from the check date to preserve the presumption.
Send a written demand/notice of dishonor and secure proof of receipt (registered mail with return card, courier with acknowledgment).
Keep bank return slips/stamps (e.g., “DAIF,” “Account Closed”).
Track each check; each is a separate count under BP 22.

Procedure & Evidence

Filing: Sworn complaint with attached check, bank dishonor slip, and proof of written notice & receipt.
Multiple checks: Charge one count per check.
Plea bargaining/probation: Common in practice; courts may impose fine with restitution, and probation may be available if imprisonment is imposed within statutory limits.

Prescription (Time-Bar)

BP 22 is a special law; under the general rule on special laws, the offense prescribes in four (4) years (Act No. 3326).
Prescription is interrupted by the filing of a complaint with the prosecutor’s office (or the court, where direct filing is allowed).

Civil Aspects & Restitution

Criminal liability under BP 22 does not wipe out civil claims (face value, interest, penalties per contract/CBA, damages if proven).
Full payment after issuance does not automatically acquit, but in practice it mitigates penalties, supports fine-only sentencing, or facilitates dismissal on equitable grounds if prosecution falters on an element (e.g., defective notice).

FAQ-Style Quick Answers

Is a post-dated check covered? Yes.
If the payee agreed to “hold” the PDC, is the drawer safe? No guarantee; if later deposited within 90 days of its date and dishonored, BP 22 can still bite (subject to proof of notice).
Can an officer who signed a company check be jailed? Yes—personal criminal liability attaches to the signatory; the company bears civil liability.
Will paying after the bounce save me? If done within five banking days of receiving written notice, it defeats criminal liability; paying later mainly mitigates.
Is jail mandatory? No. Courts generally prefer fines (policy), but imprisonment remains legally available.

Practical Templates

A. Payee’s Notice of Dishonor (key elements to include):

Identify the check (bank, check no., date, amount).
State the reason for dishonor and the date of presentment.
Demand full payment or arrangements within five (5) banking days from receipt.
Specify where/how to pay; attach bank memo/return slip.
Send via registered mail/courier and keep proof of receipt.

B. Drawer’s Response (to avail of safe harbor):

Acknowledge receipt and tender full payment (or concrete bankable arrangements) within 5 banking days; keep evidence of delivery/acceptance.

Bottom Line

Post-dated checks are squarely within BP 22.
Liability turns on: issuance, dishonor, and knowledge—with a statutory presumption that hinges on presentment within 90 days and written notice + 5-banking-day failure to pay.
Notice of dishonor with proof of receipt is the fulcrum of most cases.
Penalties allow fine-only in many instances, but jail remains legally possible.
Settlement helps—but timing (within the five-day window) is everything.

If you want, share your exact timeline (dates on the PDC, deposit date, bank’s stamp, when the notice was received, any payments made), and I’ll map it against the elements and safe-harbor window to estimate exposure on each count.