B.P. 22 in the Philippines: Your Rights When a Check Bounces (2026 Guide)

When someone pays you with a check that bounces, you are not powerless. The Philippines has a specific law — Batas Pambansa Blg. 22 (B.P. 22), often called the Bouncing Checks Law — that can impose criminal liability on the issuer. But your rights depend heavily on following the correct steps, especially sending a proper written notice within strict deadlines. Here's what you need to know.

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

B.P. 22 penalizes the making, drawing, and issuing of a check that is later dishonored for insufficient funds or because the account was closed. Importantly, the law punishes the act of issuing a worthless check — it does not require proof that the issuer intended to defraud you. The mere issuance of a bouncing check, after proper notice, can be enough.

Criminal vs Civil Liability

• Criminal liability — under B.P. 22, the issuer may face a fine, imprisonment, or both. In practice, courts frequently impose fines in lieu of imprisonment, but the criminal case is a strong pressure point.
• Civil liability — separately, you remain entitled to recover the value of the check plus interest and damages. The civil aspect is generally deemed included in the B.P. 22 criminal case.

The 5-Day Demand Requirement

This is the step most people get wrong. For the legal presumption of "knowledge of insufficient funds" to apply, the payee must give the issuer written notice of dishonor, and the issuer must be given five (5) banking days from receipt of that notice to make good on the check — that is, to pay the amount or arrange for it to be paid.

If the issuer pays within those 5 banking days, the prima facie presumption of knowledge of insufficient funds does not arise. If they don't, that presumption works in your favor.

The 90-Day Window

The check should generally be presented for payment within 90 days from the date written on the check. Presenting and pursuing dishonor within this window helps preserve the legal presumption that the issuer knew the funds were insufficient. Beyond it, your case becomes harder to prove.

What the Notice Must Say

• The check details — number, date, amount, and the bank it was drawn on.
• That the check was presented and dishonored, and the reason (e.g., "Account Closed" or "DAIF").
• A clear demand to pay the full amount within 5 banking days from receipt.
• A statement that you will pursue criminal and civil action under B.P. 22 if unpaid.
• Proof of receipt — send it by registered mail with return card or personal delivery with a signed acknowledgment.

What Happens If It's Ignored

If the issuer does not pay within the 5 banking days, you can proceed to file a criminal complaint for violation of B.P. 22, typically with the Office of the City or Provincial Prosecutor, and pursue the civil recovery of the amount. Keep every document: the check, the bank's return slip, your demand letter, and the proof that the issuer received it.