Receiving a summons for a bounced check case under Batas Pambansa Blg. 22 (BP 22) can feel alarming, but it’s a situation with a clear legal framework and practical ways to respond. This article explains BP 22 in Philippine practice, what a summons usually means, the steps you should take right away, possible defenses, settlement options, court process, and how to reduce risk going forward.

1. Understanding BP 22 (The Bouncing Checks Law)

BP 22 penalizes the making or issuing of a check that is later dishonored by the bank due to:

Insufficient funds, or
Closed account, or
Stop payment without valid reason (in many cases treated similarly).

It is considered a criminal offense separate from any civil obligation.

Key idea:

Even if you genuinely intended to pay later, BP 22 focuses on the act of issuing a check that bounces, not on fraud or intent to cheat. This is why BP 22 is often called a “malum prohibitum” offense: the act is punishable because the law prohibits it.

2. Elements of a BP 22 Case

For conviction, the prosecution generally must prove:

You made, drew, and issued a check.
The check was issued to apply to account or pay for something of value.
The check was dishonored on presentment for insufficient funds or similar reasons.
You knew at the time of issuance that your account had insufficient funds.
You were given notice of dishonor, and you failed to pay or make arrangements within five (5) banking days from receiving notice.

That 5-banking-day window after notice of dishonor is extremely important because it creates a legal presumption of knowledge and liability if unpaid.

3. What a “Summons” Usually Means

A summons is a formal notice that a complaint or case has been filed and that you are required to respond. Depending on where the case is in the pipeline, it may come from:

Office of the Prosecutor (for preliminary investigation), or
A Trial Court (after the case is filed in court).

Not all summonses mean you are already in court trial. Many are for preliminary investigation first.

4. Immediate Steps to Take

Step 1: Read everything carefully

Check:

The case number
The name of complainant
The check number(s) and amount
The date and place you must appear
Whether it’s a preliminary investigation summons or a court summons

Step 2: Do not ignore it

Ignoring a summons can lead to:

Waiver of your right to submit a counter-affidavit
The prosecutor filing the case without your side
If already in court: a warrant of arrest may issue if you fail to appear when required.

Step 3: Gather documents

Start collecting:

Copy/photocopy of the check(s)
Demand letter/Notice of Dishonor and proof of when you received it
Bank return slip / dishonor memo
Receipts, contracts, invoices, loan agreements
Messages/emails showing the real arrangement
Proof of partial payments or settlement offers
Any document that explains why the check bounced (bank error, account issue, etc.)

Step 4: Consult a lawyer early

BP 22 is criminal. Even if you plan to settle, you need to protect yourself in the process and ensure the settlement is properly documented and filed.

Step 5: Assess whether settlement is possible

Many BP 22 cases are resolved this way. If you can pay or negotiate, doing so early is often the most practical path.

5. The 5-Banking-Day Rule and Notice of Dishonor

A BP 22 case hinges heavily on proper notice of dishonor.

What counts as notice?

Usually a written demand letter informing you that:

the check bounced, and
you must pay the amount.

Why it matters:

If you did not receive proper notice, one key element may be missing. Courts often require proof that the accused actually received notice.

The five banking days:

If after receiving notice you pay in full or arrange payment within five banking days, it can defeat the presumption of knowledge, and often the criminal case does not prosper.

If your summons arrived and you never received any notice of dishonor before, that detail is crucial for your defense strategy.

6. Preliminary Investigation: What Happens and What You Should Do

If the summons is from the prosecutor:

Complainant files complaint-affidavit with attachments.
You are summoned to submit a counter-affidavit.
There may be a reply by complainant and rejoinder by you.
Prosecutor decides if there is probable cause.

Your counter-affidavit is critical.

This is your main chance to:

Explain facts
Raise defenses
Attach proof
Show lack of an element (like no notice, no issuance, payment within 5 days, etc.)

Failing to submit it usually results in a finding based only on complainant’s evidence.

7. Possible Defenses in Practice

Defenses depend on facts, but common ones include:

A. No proper notice of dishonor

If the complainant cannot prove you received notice, the case may fail.

B. You paid or arranged payment within 5 banking days

Show receipts, bank deposits, written acknowledgment.

C. The check was not issued for value

Example: check issued as mere guarantee with no present obligation—this is tricky; courts often still treat checks as for value unless clearly shown otherwise.

D. Forgery or unauthorized issuance

If your signature was forged or check was issued without your authority. Requires strong evidence.

E. Bank error

If dishonor was due to wrong banking action (e.g., misposting, system error). Obtain certification from bank.

F. Not the drawer

If the check does not belong to you or you did not sign/issue it.

Important: “Good faith” or lack of intent to defraud alone is not usually a full defense. BP 22 does not require proof of deceit.

8. Settlement and Compromise

Is settlement allowed?

Yes. In practice, most BP 22 cases settle because:

The complainant usually wants payment more than a conviction.
Courts encourage compromise early.

What settlement can do:

Before filing in court: complainant may withdraw complaint.
After filing: complainant can execute an Affidavit of Desistance or compromise agreement, and your lawyer can move for dismissal.

Don’t rely on verbal settlement.

Use written compromise agreements with:

Total amount and schedule
Clear statement that payment settles the criminal and civil aspects
Duty to withdraw complaint upon payment
Signatures, IDs, and notarization

9. If the Case Reaches Court

If the prosecutor finds probable cause, the case is filed in court.

What happens next:

Court issues summons or warrant depending on circumstances.
Arraignment (you plead guilty/not guilty).
Pre-trial (issues are narrowed; settlement explored).
Trial (prosecution evidence then defense evidence).
Judgment.

Bail:

BP 22 offenses are bailable. If a warrant issues, your lawyer can arrange bail so you remain free while the case proceeds.

10. Penalties

Courts may impose:

Fine (often tied to check amount),
Or imprisonment,
Or both, though current judicial policy strongly leans toward fines over jail for many BP 22 cases, especially if there is no clear bad faith and the amount is not extreme.

Even if imprisonment is not imposed, a conviction creates a criminal record, so avoiding conviction through defense or settlement matters.

11. Civil Liability vs. Criminal Liability

A BP 22 case is criminal, but civil liability for the debt remains regardless.

Even if the criminal case is dismissed, the complainant may still sue you civilly to collect.
Even if you settle civilly, the criminal case can continue unless properly compromised and withdrawn (another reason to document settlement carefully).

12. Practical Strategy Checklist

After receiving a summons, a typical prudent approach is:

Verify notice of dishonor and dates
- When was the check presented?
- When and how did you receive notice?
- Did you pay within 5 banking days?
Choose a path
- Settle quickly if liability is clear and funds allow.
- Defend aggressively if an element is missing (no notice, bank error, no issuance, etc.).
Submit counter-affidavit on time
- With documents, timeline, and legal arguments.
If settlement: do it through counsel
- Ensure withdrawal/dismissal is correctly filed.

13. Common Misconceptions

“It’s just a civil debt.” No. BP 22 is criminal.
“If I post-dated it, it’s not covered.” Post-dated checks are still checks under BP 22.
“If I didn’t mean for it to bounce, I’m safe.” Intent to defraud is not required.
“Affidavit of Desistance automatically ends the case.” Not automatic. It helps, but dismissal is still court/prosecutor action.

14. Preventing Future BP 22 Problems

Don’t issue checks unless funds are clear and earmarked.
If you must issue post-dated checks, track maturity dates.
If a problem arises, communicate before presentment and seek written restructuring.
Prefer bank transfers or promissory notes when liquidity is uncertain.
Keep proof of all payments and communications.

15. Bottom Line

A BP 22 summons is serious but manageable when handled correctly:

Act quickly.
Don’t ignore deadlines.
Check if notice of dishonor was valid and timely.
Decide early between settlement and defense.
Paper everything.
Get legal help.

The earlier you respond strategically, the better your chances of either ending the case through compromise or defeating it through a strong procedural or factual defense.