Executive Summary

B.P. Blg. 22 (“Bouncing Checks Law”) penalizes the making, drawing, and issuing of a check that is later dishonored for insufficient funds, account closed, or stop-payment without valid cause. It is a malum prohibitum offense: the law punishes the act regardless of intent to defraud. Penalties include imprisonment, fine, or both, plus civil liability for the amount of the check and related damages. There are technical presumptions, notice and timing requirements, and recognized defenses that can make or break a case.

What B.P. 22 Punishes

Core Elements (Sec. 1)

The accused made/drew/issued a check to apply on account or for value (post-dated or current-dated).
The check was presented within 90 days from its date and was dishonored for insufficient funds or because the account was closed.
The maker knew at the time of issuance that funds were insufficient (this knowledge is presumed if the maker fails to pay or deposit the amount within five (5) banking days after receiving written notice of dishonor).

Stop-Payment Cases (Sec. 2)

Liability also attaches when the drawer had funds when the check was issued but later ordered a stop-payment without valid reason, and the check was dishonored upon presentment. (Courts generally require written notice and the same 5-banking-day chance to cure.)

Key takeaways: – Purpose doesn’t save you. Even if a check was issued “as security” or “guarantee,” it can still violate B.P. 22. – Intent to defraud is not an element. What matters is the act plus the statutory presumptions.

Penalties on Conviction

Imprisonment: 30 days to 1 year OR
Fine: Not less than but not more than double the amount of the check, capped by law (courts apply the current statutory cap), OR
Both, at the court’s discretion.

Policy guidance: The Supreme Court has issued administrative circulars discouraging imprisonment for B.P. 22 where fine will suffice, absent special aggravating circumstances; however, jail is still legally available and may be imposed in appropriate cases. Probation is commonly granted to qualified first-time offenders.

Multiple checks = multiple counts. Penalties are imposed per check, even if arising from one transaction.

Civil Liability (separate from the crime)

Amount of the check (principal), legal interest, collection expenses, and—where proven—damages (e.g., bank charges, protest fees).
Settlement does not erase criminal liability already incurred, but it can mitigate penalties, support probation, or be the basis of case dismissal if it negates a required element (e.g., timely 5-day funding after actual written notice).

The “Notice of Dishonor” and the 5-Banking-Day Rule

Why it matters

Written notice of dishonor to the drawer is critical. Without proof that the accused actually received written notice (or deliberately refused it), the presumption of knowledge may not arise, risking dismissal.

How it works

Payee/bank issues written notice that the check bounced (stamped reasons like “DAIF/Account Closed/Stop Payment”).
The drawer has 5 banking days from receipt to deposit cash or otherwise make good the check.
Failure to cure within this window is prima facie evidence of knowledge of insufficiency (or bad stop-payment), satisfying an element of the crime.

Practical point: Courts look for competent proof of receipt: personal service with acknowledgment, registered mail sent to the correct address (unclaimed or refused mail can suffice as constructive notice), or other reliable proof.

Venue, Prescription, and Parties

Venue: Any of (a) place of issue/delivery of the check, (b) place where the drawee bank is located, or (c) place of dishonor.
Prescription: Offenses under special laws like B.P. 22 generally prescribe in 4 years (Act No. 3326), counted from the violation (or from discovery if not known to authorities), interrupted by filing of a complaint/information.
Who is liable: The natural person who signed (maker/drawer). If a corporation issued the check, the signatory may be criminally liable in his/her personal capacity as the issuer; a corporation cannot be imprisoned but may face civil exposure.

B.P. 22 vs. Estafa by Post-Dated Check (Art. 315(2)(d))

Aspect	B.P. 22	Estafa (Art. 315(2)(d))
Nature	Malum prohibitum (act punished regardless of intent)	Fraud-based (intent to defraud must be proven)
Core	Issuing a check that bounces + statutory presumptions	Inducing the victim to part with property through a deceitful check
Notice	Written notice + 5-day cure is crucial	Not an element; focuses on deceit and damage
Effect of Payment	Timely cure after notice can defeat presumption	Later payment doesn’t erase the crime once consummated
Penalties	30 days–1 year and/or fine	RPC penalties (heavier at higher amounts)

A single act can spawn both cases without double jeopardy because the elements differ.

Common Defenses (and Why They Work—or Don’t)

Strong/technical defenses

No actual receipt of written notice of dishonor → presumption of knowledge may fail.
Funding or full payment within 5 banking days of actual notice → negates presumed knowledge.
Check not issued by the accused (forged signature; no authority).
Presented beyond 90 days from date → statutory presumption weakened.
Criminal complaint filed beyond 4-year prescriptive period.

Usually weak

“Issued only as security/guarantee.” → Not a defense under B.P. 22.
“There was no underlying debt/consideration.” → Generally immaterial; the law punishes the act of issuing a worthless check.
“I intended to pay later.” → Not a defense to the offense already consummated.

Compliance & Mitigation Strategies (for Drawers)

Keep written addresses current with counterparties to avoid “missed” notices.
If notified, pay or fund within 5 banking days and get documentary proof (official receipt, bank deposit slip) acknowledged in writing by the payee.
For stop-pay issues, document the valid cause (e.g., check lost/stolen, altered, or there is a bona fide dispute like forged endorsement).
Consolidate cases for plea negotiations; courts often favor fines (with restitution) over jail for first-time, good-faith offenders.
Consider probation upon conviction when imprisonment is imposed.

Enforcement Tips (for Payees)

Present the check within 90 days of its date.
Secure bank slip or return memo with the reason for dishonor.
Send written notice of dishonor to the drawer’s correct address (ideally personal service with acknowledgment, and registered mail as backup).
Count 5 banking days from actual receipt (or constructive notice) before filing.
Preserve a complete paper trail: check copy (front/back), deposit/return proof, notices, registry receipts, and any acknowledgments.
You may file B.P. 22 (criminal) and a civil action (or a criminal case with civil aspect) to recover the amount, interest, and damages; consider also estafa where deceit induced the transaction.

Flowchart: From Dishonor to Case

Dishonor (“DAIF/Account Closed/Stop Payment”).
Written notice to drawer → receipt proven.
5 banking days to cure → funding/payment?
- Yes: Generally no B.P. 22 (presumption defeated); civil claims may remain.
- No: Elements ripen → file criminal complaint at the proper venue; attach proof.

Sentencing & Post-Judgment Notes

Courts tailor fines (within the statutory cap) and may impose subsidiary imprisonment if the fine is not paid (subject to legal limits).
Restitution and good faith efforts often reduce penalties and support probation.
Compromise after filing does not automatically extinguish criminal liability but is persuasive in sentencing.

Practical Checklists

For Drawers (Accused)

☐ Keep proof of payments/funding within 5 banking days of notice.
☐ Retain copies of notices actually received (envelopes, registry slips).
☐ Gather bank certifications (e.g., ledger showing balances/funding).
☐ If stop-payment, compile valid-cause documents (e.g., loss report).
☐ Explore plea to fines + restitution and probation if eligible.

For Payees (Complainants)

☐ Photocopy the check (front/back) and bank return.
☐ Send written notice (personal + registered mail); keep proofs.
☐ Calendar 5 banking days from receipt before filing.
☐ Prepare affidavits (bank rep, server of notice).
☐ Compute civil claims (principal + interest + fees).

FAQs

Does paying after the 5-day window cure the crime? No. It may mitigate penalties but does not erase criminal liability once elements have ripened.

Can I be jailed for a first offense? Legally yes, but courts generally favor fines (and probation) for qualified first-time offenders absent aggravating facts.

Is a company officer liable for a corporate check? The signing officer who issued the check is typically the accused; criminal liability is personal to the issuer.

What if the bank error caused the dishonor? A bank certification showing sufficient funds or an erroneous return can defeat an element (or support a valid stop-payment).

Bottom Line

B.P. 22 creates swift, technical liability for issuing worthless checks, backed by presumptions triggered by written notice and a brief 5-banking-day cure period. Conviction carries jail, fine, or both, plus civil liability—though courts often prefer fines with restitution for first-time offenders. Success or failure in a B.P. 22 case almost always turns on meticulous documentation of notice, timing, and presentment.

This article is for general information only and is not a substitute for tailored legal advice. For case-specific strategy, consult a Philippine criminal/corporate lawyer or your local PAO/IBP chapter.