If you are dealing with a bounced check in the Philippines, the most important deadline is this: a criminal case for violation of Batas Pambansa Blg. 22, commonly called BP 22 or the “Bouncing Checks Law,” generally must be filed within four years. But the four-year period is not always counted from the date written on the check. In practice, the safer computation starts from the time the check is dishonored, the issuer receives a proper written notice of dishonor, and the five banking-day period to pay or make arrangements has lapsed.

The Short Answer: BP 22 Cases Generally Prescribe in Four Years

A BP 22 bounced check case is governed by a four-year prescriptive period.

“Prescription” means the legal deadline for filing a criminal case. If the deadline has already expired, the accused may raise prescription as a defense and ask for the dismissal of the case.

The reason BP 22 has a four-year deadline is that BP 22 is a special penal law, not a crime under the Revised Penal Code. For offenses punished by imprisonment of more than one month but less than two years, Act No. 3326 sets a four-year prescriptive period. BP 22 carries a penalty of imprisonment from 30 days to one year, a fine, or both, so the Supreme Court has applied the four-year rule to BP 22 cases. (Supreme Court E-Library)

In practical terms:

Question	Practical answer
How long do I have to file a BP 22 case?	Generally four years
Is it counted from the check date?	Not necessarily
What usually triggers the practical computation?	Dishonor, actual receipt of written notice of dishonor, and lapse of the five banking-day period
Does filing with the prosecutor stop the deadline?	Yes, under current Supreme Court doctrine
Should I wait close to four years?	No. File much earlier because proof problems get worse over time

Why the Deadline Is Not Simply Counted From the Check Date

Many people assume the deadline starts on the date printed on the check. That is often too simplistic.

A BP 22 case is not based merely on the existence of a check. The prosecution must show key events:

A person made, drew, or issued a check.
The check was issued to apply on account or for value.
The check was dishonored by the bank.
The issuer had knowledge of insufficient funds or credit.
The issuer failed to pay or make arrangements within the period allowed after receiving notice of dishonor.

BP 22 itself provides an important evidentiary rule: if the check is presented to the bank within 90 days from the date of the check, dishonor is prima facie evidence of knowledge of insufficient funds, unless the issuer pays the holder or makes arrangements for full payment within five banking days after receiving notice of dishonor. (Supreme Court E-Library)

That five banking-day period matters. The Supreme Court has treated the reckoning point in BP 22 prescription discussions as tied to notice of dishonor and the lapse of the grace period, not merely the check date. In People v. Pangilinan, the Court held that BP 22 prescribes in four years and that the period was interrupted when the complaint was filed with the prosecutor. (Supreme Court E-Library)

Legal Basis for the BP 22 Filing Deadline

BP 22: What the Bouncing Checks Law Punishes

BP 22 penalizes the making, drawing, and issuing of a check when the issuer knows there are no sufficient funds or credit, and the check is later dishonored by the drawee bank. The law also applies to a person who has sufficient funds when the check is issued but fails to keep enough funds or credit to cover the check if it is presented within 90 days from the date appearing on the check. (Supreme Court E-Library)

The penalty under BP 22 is:

Imprisonment of not less than 30 days but not more than one year;
A fine of not less than, but not more than double, the amount of the check, with the fine not exceeding ₱200,000; or
Both imprisonment and fine, at the court’s discretion. (Supreme Court E-Library)

BP 22 also states that if the check is issued by a corporation, company, or entity, the person who actually signed the check in behalf of that entity may be liable. (Supreme Court E-Library)

Act No. 3326: Why the Deadline Is Four Years

Because BP 22 is a special law, prescription is governed by Act No. 3326, not the ordinary prescription rules for Revised Penal Code crimes.

Under Act No. 3326, offenses punished by imprisonment for more than one month but less than two years prescribe after four years. The law also provides that prescription is interrupted when proceedings are instituted against the offender. (Supreme Court E-Library)

That is why the BP 22 filing deadline is generally four years.

Supreme Court Doctrine: Filing With the Prosecutor Interrupts Prescription

For BP 22 cases, the important practical question is whether the clock stops when the complaint is filed with the prosecutor or only when the Information is filed in court.

The Supreme Court’s answer is important for ordinary complainants: filing the complaint with the prosecutor interrupts the running of prescription.

In People v. Pangilinan, the Supreme Court held that Act No. 3326 applies to BP 22 and that the prescriptive period was interrupted when the complaint was filed with the Office of the City Prosecutor. (Supreme Court E-Library)

More recently, in People v. Consebido, G.R. No. 258563, April 2, 2025, the Supreme Court clarified that the prescriptive period for prosecuting crimes, including those covered by the 2022 Rules on Expedited Procedures in the First Level Courts, stops running when the complaint is filed with the Department of Justice or prosecutor’s office, not only when the case reaches court. (Supreme Court of the Philippines)

This is especially relevant because BP 22 cases are now covered by the Rules on Expedited Procedures in the First Level Courts, which include criminal cases for violation of BP 22. (Supreme Court of the Philippines)

How to Compute the BP 22 Filing Deadline

The safest way to understand the deadline is to look at the timeline of events.

Step 1: Identify the Check Date

The check date matters because BP 22 refers to presentment within 90 days from the date of the check for the statutory presumption of knowledge of insufficient funds.

Example:

Check date: January 10, 2026
The check should ideally be deposited or presented within 90 days from January 10, 2026.

If the check is presented beyond 90 days, a BP 22 case is not automatically impossible, but the complainant may lose the benefit of the statutory presumption under Section 2 of BP 22. That can make proof more difficult.

Step 2: Confirm the Date of Dishonor

The dishonor date is the date when the bank returns the check unpaid.

Common bank return reasons include:

“DAIF” or “Drawn Against Insufficient Funds”
“Insufficient funds”
“Account closed”
“Payment stopped”
“Refer to drawer”

The bank’s written reason for dishonor is important. BP 22 requires the drawee bank to state the reason for refusing payment, and a dishonored check with the bank’s refusal notation is prima facie evidence of issuance, presentment, and dishonor. (Supreme Court E-Library)

Step 3: Serve a Written Notice of Dishonor

This is where many BP 22 complaints fail.

The issuer must receive a written notice of dishonor. A mere phone call, verbal demand, or casual text message is risky and often insufficient. Supreme Court decisions have repeatedly emphasized that written notice and proof of receipt are crucial because the notice gives the issuer the chance to pay within the five banking-day period. (Supreme Court E-Library)

The notice may come from:

The payee or holder of the check;
The payee’s authorized representative;
The bank, in some situations; or
Counsel or another authorized agent.

What matters is that the prosecution can prove actual notice or legally sufficient service.

Step 4: Count Five Banking Days From Receipt of Notice

After the issuer receives the written notice of dishonor, BP 22 gives the issuer five banking days to:

Pay the full amount of the check; or
Make arrangements for full payment.

If the issuer pays within that period, the statutory presumption of knowledge of insufficient funds is defeated. If the issuer does not pay or make arrangements within that period, the BP 22 complaint becomes procedurally stronger.

Banking days are different from calendar days. Saturdays, Sundays, and bank holidays are generally not counted as banking days.

Step 5: Count Four Years From the Actionable Point

The practical and safer approach is to count the four-year criminal filing period from the time the BP 22 offense becomes actionable after:

Dishonor of the check;
Receipt of written notice of dishonor by the issuer; and
Lapse of the five banking-day period without payment or arrangement.

Example, assuming no intervening bank holidays:

Event	Date
Check date	January 10, 2026
Check deposited	January 20, 2026
Bank dishonors check	January 21, 2026
Issuer receives written notice	January 30, 2026
Five banking-day period lapses	Around February 6, 2026
Safer latest filing date	Before February 6, 2030

Do not treat this example as a reason to wait until the last week. In real cases, delays happen because complainants still need to gather documents, notarize affidavits, locate the correct prosecutor’s office, pay fees, and correct defects identified by the prosecutor.

What Counts as Filing on Time?

For most BP 22 cases, the complainant does not personally file the criminal case directly in court. The usual first step is filing a complaint-affidavit with the proper City Prosecutor’s Office, Provincial Prosecutor’s Office, or Office of the Prosecutor.

Under current Supreme Court doctrine, filing the complaint with the prosecutor or DOJ within the prescriptive period interrupts the running of prescription. This matters because the prosecutor’s resolution and the filing of the Information in court may take time. The complainant should not be penalized for ordinary prosecutor processing delays after a timely filing. (Supreme Court E-Library)

Still, the complaint must be complete enough to be accepted and acted upon. A rushed, defective filing can create problems, especially if:

The notice of dishonor is missing;
There is no proof that the issuer received the notice;
The wrong person is named as respondent;
Venue is wrong;
The original check or bank return slip is unavailable; or
The complaint-affidavit is not properly sworn.

Step-by-Step Guide to Filing a BP 22 Complaint

1. Secure the Original Check and Bank Return Documents

Keep the original check if available. Also secure:

Bank return slip;
Check return memo;
Bank stamp or notation showing the reason for dishonor;
Deposit slip or proof of presentment; and
Bank certification, if available.

Photocopies may help for preparation, but prosecutors and courts often require the original or reliable proof of the original check and dishonor.

2. Send a Written Notice of Dishonor

Prepare a written demand or notice stating:

The check number;
Bank and branch;
Check date;
Amount;
Date of dishonor;
Reason for dishonor;
Demand for payment; and
A clear statement that the issuer has five banking days from receipt to pay or make arrangements.

The notice should be served in a way that produces proof of receipt.

Common methods include:

Method	Practical note
Personal service	Ask the recipient to sign and date an acknowledgment copy
Registered mail	Keep registry receipt, return card, and proof of mailing
Courier	Keep tracking proof and delivery confirmation
Email or messaging apps	Risky unless authenticity and receipt can be clearly proven

If using registered mail, Supreme Court decisions have required more than just saying the letter was mailed. Proof may include registry receipts, return cards, and an affidavit from the person who mailed the notice. (Supreme Court E-Library)

3. Wait for the Five Banking-Day Period to Lapse

Do not file immediately after sending the notice if there is no proof of receipt yet.

The five banking-day period starts from receipt of the written notice, not from the date the notice was written.

If the issuer pays within five banking days, a BP 22 prosecution may fail because the law gives the issuer that statutory opportunity to make the check good.

4. Prepare the Complaint-Affidavit and Attachments

A BP 22 complaint usually includes:

Document	Why it matters
Complaint-affidavit	Main sworn statement of the complainant
Original or copy of the bounced check	Proves issuance and check details
Bank return slip or dishonor memo	Proves presentment and dishonor
Written notice of dishonor	Shows the issuer was informed
Proof of receipt of notice	Shows the five banking-day period was triggered
Proof of transaction	Explains why the check was issued
Valid IDs	Identification and notarization
Authority documents	Needed if complainant is a corporation or representative
Computation of amount due	Helps with civil aspect and filing fees

If the complainant is a corporation, the person signing the complaint-affidavit should have authority, such as a board resolution, secretary’s certificate, or written authorization.

5. File With the Proper Prosecutor’s Office

BP 22 is considered a transitory or continuing offense in the sense that venue may lie where essential acts occurred. The case may be filed where the check was drawn, issued, delivered, deposited, presented, or dishonored, depending on the facts and evidence. The Supreme Court has recognized that BP 22 jurisdiction may be proper in places where the essential elements occurred. (Supreme Court E-Library)

In practice, choose the venue supported by documents and witnesses. Filing in the wrong city or province can cause delay, dismissal, or refiling problems.

6. Pay Required Fees for the Civil Aspect

In BP 22 cases, the criminal action is generally deemed to include the corresponding civil action for the amount of the check. The offended party is required to pay filing fees based on the amount involved, and reservation to file a separate civil action is not allowed in the usual BP 22 setup under Rule 111. (Supreme Court E-Library)

This surprises many complainants. They think they are filing only a criminal complaint, but the civil claim for the check amount is usually included.

7. Monitor the Prosecutor Proceedings

After filing, the prosecutor may require:

Submission of additional documents;
Clarificatory documents;
Counter-affidavit from the respondent;
Reply-affidavit from the complainant; or
Other requirements under current prosecutor rules.

If the prosecutor finds probable cause, an Information is filed in the proper first-level court, such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

BP 22 criminal cases are covered by the Rules on Expedited Procedures in the First Level Courts. These rules were intended to streamline proceedings, but actual timelines still vary depending on the court, prosecutor workload, service of summons or warrants, and the parties’ compliance. (Supreme Court of the Philippines)

Common Mistakes That Cause BP 22 Deadline Problems

Waiting Too Long Before Sending Notice

Some payees wait months or years before sending a notice of dishonor. That creates two problems:

Evidence becomes harder to prove.
The respondent may argue prescription, laches, or lack of proper notice.

Even if the four-year period has not yet expired, delay can weaken the case.

Relying Only on Verbal Demands

A phone call saying “your check bounced” is not enough for a strong BP 22 case. The notice should be in writing, and the complainant should keep proof that it was actually received.

Losing the Original Check

The check itself is the heart of the case. Losing it may not always be fatal if other competent evidence exists, but it creates unnecessary difficulty.

Filing in the Wrong Place

A BP 22 complaint should be filed in a place connected to the issuance, delivery, deposit, presentment, or dishonor of the check. A complainant who files only because a place is convenient may face a venue challenge.

Assuming a “Security Check” Is Automatically Exempt

Many issuers say, “That was only a security check.” That statement does not automatically defeat BP 22. Courts look at the facts, the reason for issuance, the transaction, the notice, and the dishonor. A check issued to apply on account or for value may still create exposure under BP 22.

Confusing BP 22 With Estafa

BP 22 is different from estafa. BP 22 focuses on the issuance and dishonor of the check. Estafa requires additional elements such as deceit or fraud.

BP 22 itself states that prosecution under the law is without prejudice to liability under the Revised Penal Code. (Supreme Court E-Library)

This means the same bounced check situation may sometimes lead to both a BP 22 complaint and an estafa complaint, but the elements, defenses, and prescription issues are different.

What If the Four-Year BP 22 Deadline Has Already Passed?

If the four-year criminal filing deadline has already expired, the BP 22 criminal case may be vulnerable to dismissal on the ground of prescription.

But that does not always mean the payee has no remedy at all.

There may still be a civil collection remedy depending on the underlying obligation. For example, an action based on a written contract generally has a longer prescriptive period under Article 1144 of the Civil Code. (Supreme Court E-Library)

The proper civil remedy depends on what the check represented:

Loan;
Purchase price;
Rent;
Services;
Investment return;
Reimbursement;
Settlement agreement;
Promissory note;
Contract obligation; or
Other debt.

The check is often evidence of the obligation, but the underlying transaction may matter more for civil collection.

Special Situations

Multiple Bounced Checks

Each check can be a separate BP 22 count. If there are 10 bounced checks, there may be 10 separate charges.

Each check may also have its own timeline:

Different check dates;
Different deposit dates;
Different dishonor dates;
Different notices of dishonor; and
Different five banking-day periods.

Do not assume all checks have one deadline unless the facts are exactly the same.

Corporate Checks

If the check was issued by a corporation, the signatory may be personally charged under BP 22 if that person signed the check for the corporation. BP 22 expressly covers checks issued by corporations, companies, or entities and provides liability for the person who signs on behalf of the entity. (Supreme Court E-Library)

The complaint should clearly identify:

The corporation;
The check signatory;
The signatory’s position;
The transaction involved; and
The authority or role of the signatory.

The Issuer Paid After the Five Banking Days

Payment after the five banking-day period may affect the civil liability or settlement discussions, but it does not automatically erase the fact that the check was dishonored and not made good within the statutory period.

Courts may consider payment, good faith, restitution, or settlement when assessing the case or penalty. The Supreme Court has also issued circulars encouraging courts to consider fine instead of imprisonment in appropriate BP 22 cases, but imprisonment remains legally available under the statute. (Lawphil)

OFWs, Foreigners, and Complainants Abroad

A complainant who is abroad may still pursue a BP 22 complaint in the Philippines, but practical proof requirements become more important.

Common issues include:

Who will sign the complaint-affidavit;
Whether a representative has authority;
Whether affidavits executed abroad are properly authenticated for Philippine use;
Whether original checks and bank records are in the Philippines;
Whether the prosecutor will require personal appearance; and
How notices and pleadings will be received.

For foreigners dealing with Philippine checks, the same BP 22 rules generally apply if the check, parties, bank, transaction, or relevant acts are connected to the Philippines. Venue and documentation should be handled carefully.

Frequently Asked Questions

Is the filing deadline for BP 22 really four years?

Yes. BP 22 cases generally prescribe in four years because BP 22 is a special penal law punishable by imprisonment of more than one month but less than two years, which falls under the four-year period in Act No. 3326. The Supreme Court applied this rule in BP 22 cases such as People v. Pangilinan. (Supreme Court E-Library)

When does the four-year period start in a bounced check case?

The safest practical computation is from when the case becomes actionable: the check is dishonored, the issuer receives written notice of dishonor, and the five banking-day period to pay or make arrangements expires. The check date alone is not always the correct starting point.

Does sending a demand letter stop the four-year prescription period?

No. Sending a demand letter or notice of dishonor is important, but it is not the same as filing a complaint. Prescription is interrupted when proceedings are instituted, such as by filing the complaint with the prosecutor or DOJ within the prescriptive period. (Supreme Court E-Library)

Is written notice of dishonor required for BP 22?

Yes. Written notice and proof of receipt are critical. The notice gives the issuer the statutory opportunity to pay within five banking days. Oral notice is risky and often insufficient. (Supreme Court E-Library)

What if the check issuer refuses to receive the demand letter?

Refusal or avoidance can create proof issues. The complainant should preserve evidence of attempted service, such as registered mail records, courier tracking, returned envelopes, affidavits of service, and other documents showing that proper notice was sent to the correct address. The strength of the case depends heavily on the quality of proof.

Can I still file BP 22 if the check was deposited more than 90 days after the check date?

A late deposit may weaken the case because BP 22’s statutory presumption of knowledge of insufficient funds is tied to presentment within 90 days from the check date. It does not automatically answer every possible factual situation, but it creates a serious evidentiary issue.

Does filing with the prosecutor count, or must the case already be in court before four years?

Filing with the prosecutor or DOJ within the prescriptive period interrupts prescription under current Supreme Court doctrine. The Supreme Court reaffirmed this principle in relation to crimes covered by expedited first-level court procedures in People v. Consebido. (Supreme Court of the Philippines)

Can I file a BP 22 case and a civil collection case separately?

In BP 22 cases, the criminal action is generally deemed to include the civil action for the amount of the check, and separate reservation is not allowed under Rule 111. Filing fees for the civil aspect must be paid based on the amount involved. (Supreme Court E-Library)

Can the signatory of a company check be personally liable?

Yes. BP 22 expressly provides that when the check is issued by a corporation, company, or entity, the person who signed the check on behalf of that entity may be liable. (Supreme Court E-Library)

If BP 22 has prescribed, can I still collect the money?

Possibly. Prescription of the BP 22 criminal case does not always extinguish the underlying civil obligation. Depending on the transaction, a civil collection case may still be available, especially if the obligation is based on a written contract or other enforceable document. (Supreme Court E-Library)

Key Takeaways

A BP 22 bounced check case in the Philippines generally has a four-year filing deadline.
The four-year period is usually analyzed from the point when the check is dishonored, written notice is received, and the five banking-day period to pay has lapsed.
The issuer must receive a written notice of dishonor; verbal notice is not enough for a strong case.
Filing the complaint with the prosecutor or DOJ within the prescriptive period interrupts prescription.
Present the check within 90 days from the check date to preserve the statutory presumption under BP 22.
Keep the original check, bank return memo, written notice, and proof of receipt.
BP 22 cases are filed through the proper prosecutor’s office and later proceed in the appropriate first-level court if probable cause is found.
The civil claim for the check amount is generally included in the BP 22 criminal action, with filing fees based on the amount involved.
If the BP 22 deadline has passed, a separate civil collection remedy may still exist depending on the underlying obligation.