Trinidad & MasungcadLaw Office · Davao City

Bouncing checks (B.P. 22): the basics

What makes issuing a bouncing check a crime, and what the notice of dishonor means.

What is B.P. 22?

Batas Pambansa Blg. 22, the Bouncing Checks Law, punishes a person who issues a check knowing that there are not enough funds or credit in the bank to cover it, when the check is later dishonored. It applies even if the check was issued only as a guarantee.

The notice of dishonor is important

Knowledge that the account lacks funds is presumed when the person who issued the check fails to pay the amount, or to make arrangements for its payment, within five (5) banking days after receiving notice that the check was dishonored.

This is why the person holding the check usually sends a written notice of dishonor and demand, and keeps proof that it was received.

Penalties

The law provides for imprisonment of 30 days to one year, or a fine of up to double the amount of the check (with a maximum of ₱200,000 under the law's text), or both, at the court's discretion. The Supreme Court has issued guidelines allowing courts to prefer a fine in proper cases. The civil liability, meaning the amount of the check, is also recovered in the same case.

B.P. 22 and estafa

A bouncing check can sometimes also lead to a case for estafa under the Revised Penal Code, if there was deceit, such as when the check was used to obtain money or property. The two are different crimes with different requirements.

If you are the one holding the bounced check

  • Keep the original check and the bank's return slip or notice.
  • Send a written notice of dishonor and demand, and keep proof of receipt.
  • Wait for the five banking days to pass before taking the next step.

If you issued the check

  • Do not ignore a notice of dishonor. Payment or a payment arrangement within five banking days matters.
  • Keep records of any payments you make.
  • If you receive a subpoena, consult a lawyer right away.

This guide is general legal information as of October 2026. It is not legal advice. Laws and rules change, and the facts of each case matter. Consult a lawyer about your specific situation.

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Consultations are by appointment at our Davao City office. 0917-823-0577 · office@tmlawph.com