Timeliness of filing BP 22 cases:

1. When the check is presented for payment, and within 90 days from date of
presentment was subsequently dishonored by the drawee bank for reason of DAIF
(Drawn Against Insufficient Fund) or Account Closed or Stop Payment for no
valid reason;

2. Notice of Dishonor should be provided to the Drawer; can be in the form of a

demand letter showing a copy of the dishonored check/s, and must be received by
the drawer or the signatory of the check;

3. Despite receipt of notice of dishonor, failed to pay the amount of the check or
make arrangement for full payment of the same within five (5) banking days after
receiving said notice.

ELEMENTS OF THE CRIME/VIOLATION OF BP22:

1. The person draws or issues any check for account or for value;
2. He has knowledge at the time of issue, that he does not have sufficient funds with
the drawee bank; and
3. Drawee bank dishonors the check due to DAIF or account closed or stop payment
for no valid reason.

- There is presumption of knowledge if the check is dishonored within 90 days

from the date of the check;
- There is also presumption of knowledge of insufficiency of funds, if drawer
fails to pay within five (5) days from the receipt of notice of dishonor.
- The Notice of Dishonor can be sent either by registered mail or personal
service.
- If by registered mail, the ff are the requisites:
a. Registry /receipt;
b. Registry return card, which should be signed legibly by the drawer;
c. Affidavit executed by the person who mailed the notice of dishonor
detailing the circumstances of the mailing of the same.
 BP 22 cases applies even in cases where dishonored checks are issued merely in
the form of a guarantee. The gravamen of the offense is the mere issuance of the
bouncing check regardless of the purpose why it was issued.
 BP 22 cases are categorized as transitory or continuing crimes; thus, it can be
filed in any place where any of the elements of the offense occurred or where the
check is/was drawn, issued, delivered or dishonored.
 The Complaint must be filed within four (4) years from dishonor, before the
office of the Public Prosecutor, and if there is probable cause, it is filed in the
MTC/MCTC.
 Imprisonment for at least 30 days or a fine of at least double the amount of the
check but not to exceed 200K
 If acquitted due to insufficiency of evidence, may still be held civilly liable
because civil liability is not automatically extinguished upon dismissal of the case
on the ground of failure to establish guilt beyond reasonable doubt.
 Can be held liable for Estafa under Art. 315, 2-d, under deceit or fraud;
presumption of deceit exist upon proof that the drawer of the check failed to
deposit the amount within three (3) days from notice of dishonor.