The Short Answer
The person you paid can file a criminal case under Batas Pambansa Blg. 22 (BP 22), the Bouncing Checks Law, and you still owe the money. But if you pay the full amount within five banking days after you receive a written Notice of Dishonor (a written notice that the check bounced), the law can no longer presume (assume) that you knew your account was short, which usually defeats a BP 22 case. If convicted, the court may impose a fine, jail, or both; the Supreme Court prefers a fine in proper cases.
Example: Edgar Bautista and a Postdated Check in Lipa
Names and details in this example are made up.
Edgar Bautista runs a small hardware store in Barangay Sabang, Lipa City, Batangas. In June 2026 he bought cement and steel bars from a supplier, Reyes Trading, and paid with a postdated check for ₱80,000, dated 20 August 2026.
A big customer paid him late, and his account had only ₱35,000 on 20 August. Reyes Trading deposited the check that day, and the bank returned it marked DAIF (drawn against insufficient funds).
The notice. Reyes Trading sent Edgar a written Notice of Dishonor and demand (a letter saying the check bounced and asking him to pay) by registered mail. Edgar received it, and signed the registry return card, on Wednesday, 2 September 2026.
The five banking days. These are counted after receipt, skipping weekends and bank holidays: Thursday 3, Friday 4, Monday 7, Tuesday 8 and Wednesday 9 September. If Edgar pays the full ₱80,000 by 9 September 2026, or arranges with his bank to pay it in full, BP 22's presumption that he knew he lacked funds does not apply. He should ask for an Official Receipt that names the check number.
If he pays only part. Say Edgar pays ₱35,000 and promises the rest next month. That is better than nothing, but a partial payment does not by itself defeat the presumption. Reyes Trading can still file a complaint with the Office of the City Prosecutor of Lipa.
If he is convicted. BP 22 allows imprisonment of 30 days to one year, or a fine of up to double the check's amount but not more than ₱200,000, or both. For an ₱80,000 check, the fine could be up to ₱160,000. The judge may choose a fine only, especially if Edgar acted in good faith. Either way, he is ordered to pay the ₱80,000 he owes.
What BP 22 Punishes
BP 22 punishes making or issuing a check to pay an obligation or for value, knowing that you do not have enough funds or credit with the bank, if the check is dishonored. It also covers having enough funds when you issued the check but failing to keep them, so the check bounces when presented within 90 days from its date.
- A stop payment order without a valid reason is treated the same way if the check would have bounced anyway for lack of funds.
- For a company check, the person who signed it is the one who can be held liable.
- The Supreme Court has applied BP 22 to checks given as a guarantee or security, not only as payment.
The Notice of Dishonor and the Five Banking Days
The person filing a BP 22 case does not have to prove what was in your mind. Under Section 2 of BP 22, a check presented within 90 days of its date and dishonored for insufficient funds is prima facie evidence (enough proof, unless you show otherwise) that you knew.
That presumption does not arise if you pay the holder (the person holding the check) the full amount, or make arrangements for full payment by the bank, within five banking days after receiving notice that the check was not paid.
The Supreme Court has held that the notice must be written and that the person filing the case must prove you actually received it. If you never got a written notice, that is a matter to raise with your lawyer. Do not count on it: act as soon as you learn the check bounced.
Fine or Jail: The Penalty
| BP 22 Penalty | What the Law Says |
|---|---|
| Imprisonment | 30 days to one year |
| Fine | Up to double the amount of the check, but not more than ₱200,000 |
| Both | At the court's discretion |
In Administrative Circular No. 12-2000, the Supreme Court told judges that a fine alone may be the more appropriate penalty in proper cases, such as when the issuer acted in good faith. Administrative Circular No. 13-2001 clarified that this is a rule of preference. It does not remove imprisonment. The judge still decides, and a person who cannot pay a fine may have to serve subsidiary imprisonment (jail time in place of the unpaid fine).
Each bounced check is usually a separate count. Several checks can mean several cases.
Estafa: When There Was Deceit
A bounced check can also be estafa under Article 315, paragraph 2(d), of the Revised Penal Code, if the check was used to deceive someone into handing over money or goods, for example paying with a check you knew had no funds at the time of the sale. Failing to deposit the amount needed within three days after receiving notice that the check bounced is prima facie evidence of deceit.
A check issued to pay an existing debt is generally not estafa, because the money was already received before the check. It may still fall under BP 22. Estafa penalties depend on the amount and are generally heavier. Which law applies is a question for a lawyer.
What to Do If Your Check Bounced
In short: do not wait for the notice; talk to the payee (the person you paid) in writing as soon as you know. When the written notice comes, note the date you received it and count five banking days after it. Pay the full amount within those days if you possibly can, or arrange with your bank for full payment, and get a written receipt that names the check. Do not issue new checks you cannot cover. Do not ignore a subpoena from the prosecutor or a summons from the court (both are orders to appear). Get a lawyer; the Public Attorney's Office helps people who qualify.
For the steps and papers, whether you wrote the check or are holding one that bounced, see when a check bounces: what the law says.
Common Questions
Makukulong ba Ako Agad Pag Tumalbog ang Tseke Ko?
Not right away. The payee first has to file a complaint with the prosecutor, who decides whether to file a case in court. If convicted, the court may impose a fine, jail or both. The Supreme Court prefers a fine in proper cases, but jail is still possible.
I Paid After the Five Banking Days. Can They Still File a Case?
They can still file, because the five-day window has passed. Paying late does not automatically end a BP 22 case, but it matters: it settles the money you owe and the court may consider it. Ask a lawyer about your situation.
The Payee Only Texted Me That My Check Bounced. Does That Count?
The Supreme Court has required a written notice and proof that you received it. A text message is risky evidence for the payee. But do not rely on that: pay or settle as soon as you can.
Does a Bounced Check Given as a Guarantee Count?
Yes, the Supreme Court has applied BP 22 to checks given as security or guarantee. The specific facts matter, so ask a lawyer about a particular check.
If I Am Fined or Jailed, Do I Still Have to Pay the Check?
Yes. The penalty is separate from the debt. The court will also order you to pay the amount of the check, with interest.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.