B.P. 22 (Bouncing Checks Law) Philippines: Penalties, Defenses, and What to Do

What is B.P. 22 (Batas Pambansa Blg. 22)?

Batas Pambansa 22, also known as the Bouncing Checks Law, is a Philippine law that penalizes the making or drawing and issuance of a check that is subsequently dishonored by the drawee bank for insufficiency of funds. Enacted in 1979, it remains one of the most frequently prosecuted crimes in Philippine courts today. Unlike estafa, B.P. 22 does not require proof of fraudulent intent — the mere act of issuing a bouncing check is sufficient.

Elements of a B.P. 22 Violation

To be convicted of B.P. 22, three elements must be proven: (1) the accused made, drew, and issued a check to apply to account or for value; (2) the accused knew at the time of issuance that there were insufficient funds; and (3) the check was subsequently dishonored for insufficient funds, or would have been dishonored had it been presented within 90 days.

The Notice Requirement: Critical Defense Opportunity

Under B.P. 22, before criminal liability attaches, the drawer must receive a written notice of dishonor and must fail to pay the amount within 5 banking days from receipt. This is the most critical defense point: if no written notice was sent, or if payment was made within 5 banking days of notice, criminal liability does not arise. Keep records of all payment attempts and communications.

Penalties Under B.P. 22

B.P. 22 carries a penalty of imprisonment of not less than 30 days but not more than 1 year, OR a fine of not less than but not more than double the amount of the check (maximum: ₱200,000), or both. Courts in the Philippines have generally adopted a policy of preferring fines over imprisonment, particularly for first-time offenders and cases where the drawer is trying to settle the obligation.

Civil Liability Alongside B.P. 22

A B.P. 22 criminal case does not preclude a separate civil action for the face value of the dishonored check. The payee can file both a criminal case and a civil case simultaneously, or include the civil liability in the criminal proceedings. Even if the criminal case is dismissed (e.g., for lack of notice), the civil obligation to pay the check amount remains.

Defenses Against B.P. 22

Effective defenses include: (1) no written notice of dishonor was received; (2) payment was made within 5 banking days of receiving the notice; (3) the check was not issued for value (accommodation check); (4) the check was post-dated and was presented before the date; (5) the obligation was already extinguished before the check was deposited; (6) prescription — the case was filed more than 4 years after the commission of the offense.

What to Do If You Receive a B.P. 22 Demand Letter

Act immediately. You have 5 banking days from receipt to pay the check amount and avoid criminal liability. If you cannot pay, consult a lawyer about arranging a payment plan — many B.P. 22 cases are settled through compromise agreements. If you are served a subpoena, engage counsel immediately to prepare your counter-affidavit. QSP Law Office handles B.P. 22 defense for clients in BGC, Taguig, and throughout Metro Manila.