For BP 22 cases in the Philippines, the usual prescriptive period is four years. This means the criminal case for violation of Batas Pambansa Blg. 22, commonly called the Bouncing Checks Law, must be started within the period allowed by law. The difficult part is not the number “four years” itself, but knowing when the four years starts, what filing interrupts it, and why sending a demand letter is not the same as filing a criminal complaint.
The Short Answer: BP 22 Cases Prescribe in Four Years
A criminal case for violation of BP 22 generally prescribes in four years because BP 22 is a special penal law and does not provide its own prescriptive period.
The governing law is Act No. 3326, which sets the prescription periods for violations of special laws. Under Section 1 of Act No. 3326, violations punished by imprisonment of more than one month but less than two years prescribe in four years.
BP 22 punishes the making, drawing, and issuance of a bouncing check with:
| Penalty under BP 22 | Effect on prescription |
|---|---|
| Imprisonment of not less than 30 days but not more than 1 year | Falls under Act No. 3326 |
| Fine of not less than but not more than double the check amount, not exceeding ₱200,000 | Does not change the four-year rule |
| Both fine and imprisonment, at the court’s discretion | Still generally four years |
You can read the text of the law through the Supreme Court E-Library: Batas Pambansa Blg. 22 and Act No. 3326.
What “Prescriptive Period” Means in a BP 22 Case
The prescriptive period is the legal deadline for starting a criminal case. If the case is filed too late, the accused may raise prescription as a ground to dismiss the case.
In simple terms:
- If you are the complainant, prescription tells you how long you have to act.
- If you are the check issuer or accused, prescription may be a defense if the complainant or prosecution waited too long.
- If you are dealing with old checks, prescription is often one of the first issues prosecutors and courts examine.
Prescription is not the same as the due date of the loan, the date of the check, or the date someone promised to pay. In BP 22, the key dates usually include:
- Date written on the check.
- Date the check was presented to the bank.
- Date the check was dishonored.
- Date the issuer received notice of dishonor or demand letter.
- Date the five banking days to pay expired.
- Date the criminal complaint was filed with the prosecutor or proper office.
- Date the Information was filed in court.
A small mistake in identifying these dates can change the result.
Legal Basis for the Four-Year Period
BP 22 is a special law
BP 22, approved on April 3, 1979, punishes the issuance of a check that is later dishonored for insufficiency of funds, closed account, or similar reason. It also covers cases where the check would have bounced but the drawer ordered stop payment without valid reason.
BP 22 does not contain its own rule saying, “This offense prescribes in ___ years.”
Because of that, courts apply Act No. 3326, the law that supplies prescription periods for violations of special acts and municipal ordinances.
Act No. 3326 supplies the four-year period
Section 1 of Act No. 3326 says violations of special laws prescribe:
| Type of penalty | Prescriptive period |
|---|---|
| Fine only, or imprisonment of not more than 1 month, or both | 1 year |
| Imprisonment of more than 1 month but less than 2 years | 4 years |
| Imprisonment of 2 years or more but less than 6 years | 8 years |
| Imprisonment of 6 years or more | 12 years |
Because BP 22 carries imprisonment of up to one year, the Supreme Court has repeatedly treated BP 22 violations as prescribing in four years.
In People v. Pangilinan, G.R. No. 152662, June 13, 2012, the Supreme Court stated that BP 22 is a special law and that, because of the penalty imposed, BP 22 violations prescribe in four years under Act No. 3326. The decision is available through the Supreme Court E-Library: People v. Pangilinan.
When Does the Four-Year Period Start?
The safe practical answer is: count from the time the BP 22 violation is considered complete or discoverable, usually connected with dishonor of the check, notice to the issuer, and the expiration of the five banking-day grace period.
BP 22 is not simply about owing money. The law punishes the act of issuing a worthless check. But for conviction, the prosecution must prove important elements, including notice of dishonor.
Under BP 22, when a check is dishonored, the issuer has five banking days after receiving notice of dishonor to:
- pay the amount of the check; or
- make arrangements for full payment.
If the issuer pays or makes proper arrangements within that period, criminal liability may be avoided.
Why notice of dishonor matters
In Betty King v. People, G.R. No. 131540, December 2, 1999, the Supreme Court stressed that the prosecution must prove not only that the accused issued a check that bounced, but also that the accused was actually notified of the dishonor and failed to pay within five banking days. The decision is available here: Betty King v. People.
This is why the demand letter is so important in real BP 22 cases. It is not just a collection letter. It helps establish the accused’s knowledge of the dishonor and gives the issuer the five banking-day opportunity required by law.
Does a Demand Letter Stop the Prescriptive Period?
No. A demand letter or notice of dishonor does not, by itself, interrupt prescription.
A demand letter is important because it helps complete the BP 22 case and gives the issuer the five banking-day period to pay. But it is not the same as filing a criminal complaint.
For example:
| Action taken | Does it usually interrupt prescription? |
|---|---|
| Calling the issuer to demand payment | No |
| Sending a text message or email demand | No |
| Sending a written demand letter | No, but it may prove notice |
| Sending demand by registered mail or courier | No, but it may help prove receipt |
| Filing a complaint-affidavit with the prosecutor | Yes, under current doctrine |
| Filing the Information in court | Yes |
This is a common and costly mistake. Many payees wait because the issuer keeps promising to pay. Promises, partial payments, and negotiations may be useful evidence, but they should not be treated as automatically extending the criminal prescriptive period.
What Filing Interrupts Prescription?
Current rule: filing with the prosecutor can stop the running of prescription
The Supreme Court has recognized that the filing of the complaint with the prosecutor can interrupt the running of the prescriptive period.
In Panaguiton, Jr. v. Department of Justice, G.R. No. 167571, November 25, 2008, the Supreme Court ruled that BP 22 prescribes in four years, but it rejected the view that only the filing of the case in court can toll prescription. The Court emphasized that complainants should not lose their right to prosecute because of delays outside their control after they have already filed the complaint with the prosecutor. The decision is available here: Panaguiton, Jr. v. DOJ.
In People v. Pangilinan, the Supreme Court again held that filing the affidavit-complaint with the Office of the City Prosecutor interrupted prescription for BP 22.
Important 2025 update: People v. Consebido
The law on interruption of prescription became especially important because of procedural changes affecting first-level courts and summary procedure.
In 2025, the Supreme Court clarified in People v. Consebido, G.R. No. 258563, April 2, 2025, that the prescriptive period for prosecuting crimes, including those under the 2022 Rules on Expedited Procedures, stops once a complaint is filed with the Department of Justice or prosecution office, not only when the case reaches the court. The Supreme Court explained this in its official release: SC: Filing of Complaint Before DOJ Stops Prescriptive Period for Crimes.
The ruling applies prospectively, so older cases may still involve arguments based on the specific dates and doctrines applicable at that time. For present-day BP 22 filings, however, the practical rule is clear: do not wait until the last few days of the four-year period; file the complaint with the prosecutor as early as possible.
BP 22 and the 2022 Rules on Expedited Procedures
BP 22 cases are now expressly covered by the Rules on Expedited Procedures in the First Level Courts under A.M. No. 08-8-7-SC.
The Supreme Court has explained that under these rules:
- BP 22 is explicitly included among criminal cases covered by summary procedure.
- The civil aspect of BP 22 may also be covered if no criminal action has yet been filed.
- Cases are handled by first-level courts such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.
The Supreme Court announcement on the rules is available here: SC Issues Rules on Expedited Procedures in the First Level Courts.
In practice, this matters because BP 22 cases are intended to move faster than ordinary criminal cases. But “faster procedure” does not mean the prescription issue disappears. The four-year deadline still matters.
Practical Timeline Example
Suppose the check is dated March 1, 2022.
| Event | Date | Why it matters |
|---|---|---|
| Check date | March 1, 2022 | The check must generally be presented within 90 days for the statutory presumption under BP 22 |
| Check presented and dishonored | March 15, 2022 | Dishonor is a key event |
| Demand letter received by issuer | March 25, 2022 | Starts the five banking-day grace period |
| Five banking days expire | Around early April 2022 | BP 22 liability becomes clearer if no payment or arrangement is made |
| Complaint filed with prosecutor | February 20, 2026 | Likely within four years, depending on exact reckoning |
| Complaint filed after April 2026 | Risky | The accused may raise prescription |
This is only a simplified example. Actual computation may change depending on when notice was received, whether the check was presented on time, whether the accused was abroad, whether proceedings were dismissed, and whether there were procedural interruptions.
Step-by-Step Guide for Complainants in BP 22 Cases
1. Secure the original dishonored check
Keep the original check if possible. Do not write unnecessary notes on it. The court and prosecutor will look for the bank’s stamp, notation, return slip, or other proof showing why the check was dishonored.
Common dishonor reasons include:
- “DAIF” or drawn against insufficient funds
- “Account Closed”
- “No sufficient funds”
- “Stop Payment”
- “Refer to Drawer”
2. Get the bank return slip or official reason for dishonor
BP 22 Section 3 requires the drawee bank to state the reason for dishonor. This is important because the prosecution must prove that the check was unpaid and dishonored.
Useful documents include:
- original check;
- bank return slip;
- check return advice;
- bank certification, if available;
- deposit slip or proof of presentment.
3. Send a written notice of dishonor or demand letter
The notice should clearly identify:
- check number;
- bank and branch;
- check date;
- amount;
- date of dishonor;
- reason for dishonor;
- demand to pay within five banking days from receipt.
A demand letter is usually sent by:
- personal service with signed receiving copy;
- registered mail;
- courier with proof of delivery;
- email or messaging app, if receipt and identity can be clearly proven.
Personal service with a signed receiving copy is often stronger than ordinary mail. Registered mail may help, but the prosecution may still need proof that the accused actually received the notice, or at least that receipt can be legally established.
4. Wait for the five banking-day period
The issuer must be given five banking days after receipt of notice to pay or make arrangements for full payment.
Do not count Saturdays, Sundays, and bank holidays as banking days.
5. Prepare the complaint-affidavit
A BP 22 complaint usually includes:
| Document | Purpose |
|---|---|
| Complaint-affidavit | Narrates the facts under oath |
| Original or copy of dishonored check | Proves issuance and details of check |
| Bank return slip or check return advice | Proves dishonor and reason |
| Demand letter or notice of dishonor | Proves notice |
| Proof of receipt of demand letter | Shows the five banking-day period started |
| Valid IDs of complainant | Identification and notarization |
| Special Power of Attorney or board authority, if applicable | Needed if representative files |
| Secretary’s Certificate, if corporation | Shows authority of corporate representative |
Affidavits are usually notarized. If the complainant is abroad, documents may need to be signed before the Philippine Embassy or Consulate, or notarized abroad and apostilled, depending on the country and document use.
6. File with the proper prosecutor’s office
BP 22 complaints are generally filed with the prosecutor’s office having jurisdiction over the place where the offense was committed. Venue can be technical. Relevant places may include where the check was issued, delivered, deposited, dishonored, or where elements of the offense occurred, depending on the facts.
For Metro Manila and cities, BP 22 complaints commonly pass through the Office of the City Prosecutor before reaching the Metropolitan Trial Court or Municipal Trial Court in Cities.
7. Track the prosecutor’s resolution and court filing
After filing, the prosecutor evaluates whether there is sufficient basis to file the case in court. Under current procedure, BP 22 matters may be handled through summary investigation because the penalty does not exceed one year.
Once the prosecutor files the Information in court, the case proceeds before the proper first-level court.
If You Are the Check Issuer: Common Prescription and Defense Issues
If you issued the check and received a BP 22 complaint, prescription is only one possible issue. Other common issues include:
- You did not receive a valid notice of dishonor.
- The demand letter was sent to the wrong address.
- The check was not presented within the legally relevant period.
- The check was not issued for value or account.
- The check was materially altered.
- The signature is forged or unauthorized.
- Payment was made within five banking days from receipt of notice.
- The complaint was filed after the four-year prescriptive period.
- The case was dismissed and later refiled after prescription resumed.
BP 22 is often misunderstood as “a debt case.” It is not. The Constitution prohibits imprisonment for debt, but BP 22 punishes the issuance of a worthless check because of its effect on public confidence in commercial transactions.
At the same time, courts strictly require proof of the elements of the offense. The prosecution cannot rely on assumptions, especially when it comes to actual notice of dishonor.
Common Pitfalls in BP 22 Prescription
Waiting because the issuer keeps promising to pay
A promise to pay does not automatically stop the prescriptive period. If the four-year period is close to expiring, settlement talks can become risky.
Counting from the loan date instead of the dishonor or notice period
The loan date is not always the correct starting point. BP 22 focuses on the issuance and dishonor of the check, plus notice and failure to pay within five banking days.
Assuming a demand letter is enough
A demand letter helps prove notice. It does not replace filing with the prosecutor.
Losing proof of receipt
A demand letter with no reliable proof of receipt can weaken the case. The Supreme Court has acquitted accused persons where actual receipt of notice was not proven.
Filing in the wrong place
Venue problems can delay the case. If the complaint is filed near the end of the prescriptive period and venue is challenged, the complainant may face unnecessary risk.
Confusing BP 22 with estafa
BP 22 and estafa are different.
| Issue | BP 22 | Estafa under the Revised Penal Code |
|---|---|---|
| Main act punished | Issuing a bouncing check | Fraud or deceit causing damage |
| Need to prove deceit? | Not in the same way as estafa | Yes |
| Law involved | Special law | Revised Penal Code |
| Prescription | Usually 4 years | Depends on penalty and facts |
| Civil liability | May be included | May also be claimed |
The same bounced check may sometimes lead to both BP 22 and estafa allegations, but the elements and prescription rules are not identical.
Special Concerns for OFWs, Foreigners, and Companies
If the complainant is abroad
Many BP 22 complainants are OFWs, foreign suppliers, or overseas business owners. The practical challenge is signing and authenticating documents.
Common requirements may include:
- complaint-affidavit signed before a Philippine consular officer; or
- notarized affidavit abroad with apostille, if executed in an Apostille Convention country;
- valid passport or ID;
- authorization for a Philippine representative;
- original checks and bank documents sent to the Philippines.
If the accused is abroad
The accused being abroad does not automatically erase the case. It can affect service, appearance, and court proceedings. Prescription issues may also become more technical if the accused was outside the Philippines, though BP 22 is governed by Act No. 3326 and the specific procedural history must be examined carefully.
If the check was issued by a corporation
BP 22 expressly provides that if the check is drawn by a corporation, company, or entity, the person or persons who actually signed the check on behalf of the drawer may be liable.
This is why corporate signatories should not assume that only the company is exposed. The person who signed the check can be named in the criminal complaint.
Frequently Asked Questions
What is the prescriptive period for BP 22 in the Philippines?
The prescriptive period for BP 22 is generally four years. This is based on Act No. 3326 because BP 22 is a special law and the penalty includes imprisonment of more than one month but less than two years.
When do I start counting the four years for a BP 22 case?
The counting usually relates to when the violation is committed or discovered, often tied to the dishonor of the check, notice to the issuer, and expiration of the five banking-day period after receipt of notice. In many real cases, lawyers and courts examine the exact dates of dishonor, receipt of demand, and filing with the prosecutor.
Does sending a demand letter stop prescription in BP 22?
No. A demand letter does not by itself stop prescription. It is important because it proves notice of dishonor and gives the issuer five banking days to pay, but prescription is interrupted by filing the proper complaint or proceedings, not merely by demanding payment.
Does filing with the prosecutor interrupt the BP 22 prescriptive period?
Under current Supreme Court doctrine, filing the complaint with the prosecutor or DOJ can interrupt the prescriptive period. The 2025 Supreme Court ruling in People v. Consebido clarified that the period stops when the complaint is filed with the prosecution and summary investigation begins, not only when the Information reaches the court.
What happens if a BP 22 case is filed after four years?
The accused may raise prescription as a defense and seek dismissal. Whether the defense succeeds depends on the exact timeline, including when the offense was complete, when the complainant filed with the prosecutor, and whether any proceedings interrupted prescription.
Is BP 22 counted from the date of the check?
Not always. The check date is important, especially because BP 22 refers to presentment within 90 days for the prima facie presumption of knowledge of insufficient funds. But prescription analysis usually looks beyond the check date and considers dishonor, notice, the five banking-day period, and filing of the complaint.
Can I still file BP 22 if the check is more than four years old?
Possibly, but it is risky. A check older than four years may already raise prescription problems unless there are facts showing a later reckoning date or a timely filing that interrupted prescription. The complete timeline must be reconstructed from documents.
Is payment after the demand letter a defense to BP 22?
Payment within five banking days from receipt of notice of dishonor can prevent the presumption of knowledge and may be a complete defense. Payment after that period may affect civil liability or settlement, but it does not automatically erase criminal liability.
Can a BP 22 case continue even if the debt is paid?
It can, depending on when payment was made and how the case was handled. Payment within the five banking-day period after notice is very significant. Payment after criminal liability has attached may support settlement or affect the civil aspect, but BP 22 is a public offense, not merely a private collection case.
Which court handles BP 22 cases?
BP 22 criminal cases are handled by first-level courts, such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court. Under the 2022 Rules on Expedited Procedures, BP 22 cases are covered by summary procedure.
Key Takeaways
- BP 22 cases generally prescribe in four years under Act No. 3326.
- BP 22 is a special penal law, and its penalty brings it within the four-year prescription rule.
- The four-year computation depends on the facts, especially dishonor, notice of dishonor, and expiration of the five banking-day period.
- A demand letter is important but does not interrupt prescription by itself.
- Under current doctrine, filing the complaint with the prosecutor or DOJ can stop the running of prescription.
- Proof that the accused actually received notice of dishonor is often crucial.
- BP 22 is different from estafa; the same bounced check may involve different legal theories and deadlines.
- For old checks, the most important task is to reconstruct the timeline using the check, bank return documents, demand letter, proof of receipt, and filing records.