BP22 Demand Letter for Dishonored Check (Philippines)
[Letter Date]
[Drawer Name]
[Drawer Address]
DEMAND LETTER
(Pursuant to Batas Pambansa Blg. 22 — Bouncing Checks Law)
Dear [Drawer Name]:
We write on behalf of [Payee Name] (the "Payee") with respect to the following check issued by you:
Check No.: [Check Number]
Drawee Bank: [Bank Name]
Check Date: [Check Date]
Amount: [Check Amount]
Account Number: [Account Number]
The above-described check, which was issued by you in favor of [Payee Name] as [Underlying Obligation], was presented for payment on [Dishonor Date] and was dishonored by [Bank Name] for the reason of: [Dishonor Reason]. [Dishonor Details]
Pursuant to Section 2 of Batas Pambansa Blg. 22 (Bouncing Checks Law), this letter constitutes a formal written notice of dishonor to you, and you are hereby DEMANDED to pay the full face amount of [Check Amount] within FIVE (5) BANKING DAYS from your receipt of this demand letter.
Payment instructions: [Payment Instructions]
Payment must be made in cleared funds — cash, manager's check, or cashier's check. Payment by personal check will not be accepted.
Please be advised that your failure to pay the full amount of [Check Amount] within five (5) banking days from your receipt of this demand letter will leave us with no alternative but to file the appropriate criminal complaint against you under Batas Pambansa Blg. 22 (Bouncing Checks Law) before the Office of the City or Provincial Prosecutor, without further notice.
Under B.P. 22, the penalty for dishonoring a check and failing to pay within the 5-banking-day period is: imprisonment of not less than thirty (30) days but not more than one (1) year, or a fine of not less than but not more than double the amount of the check (not to exceed PHP 200,000.00), or both, at the discretion of the court.
This demand letter is being sent to you by [Delivery Method] to create a proper record of your receipt of this notice.
We trust that you will give this matter your immediate and serious attention.
Very truly yours,
[Payee Name]
[Payee Representative]
[Payee Address]
Payee
________________
Signature
What Is a BP22 Demand Letter for Dishonored Check (Philippines)?
A BP22 Demand Letter for Dishonored Check in the Philippines records a formal request or statement in writing, giving the recipient the details needed to act on it.
Batas Pambansa Blg. 22 penalizes the making or drawing and issuance of any check to apply on account or for value, knowing at the time of issue that the maker or drawer does not have sufficient funds in or credit with the drawee bank. The offense is a malum prohibitum — it does not require proof of intent to defraud. The mere act of issuing a check that is subsequently dishonored for insufficiency of funds or credit, followed by failure to pay within 5 banking days after receiving notice, constitutes a violation of B.P. 22.
The penalty under B.P. 22 is: 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 (which fine shall not exceed PHP 200,000); or both. Philippine courts, under the Navarrete doctrine (A.M. No. 00-11-01-SC) and Supreme Court Administrative Circular No. 12-2000 (as amended by Circular No. 13-2001), may impose a fine instead of imprisonment if the accused is not shown to be a recidivist or has no other pending B.P. 22 cases.
The prescriptive period for B.P. 22 is 4 years from the date of commission of the offense under Act No. 3326 (Prescription of Offenses under Special Laws). The demand letter must be sent by registered mail with return card or by personal delivery with acknowledgment to create a presumption of receipt. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code (RA 8424). Batas Pambansa Blg. 22 sets the foundational criminal law requirements for dishonored check enforcement in the Philippines.
When Do You Need a BP22 Demand Letter for Dishonored Check (Philippines)?
A B.P. 22 Demand Letter in the Philippines is needed in the following circumstances involving a dishonored check.
A B.P. 22 Demand Letter is required as a mandatory prerequisite before filing a criminal complaint under Batas Pambansa Blg. 22 with the Office of the City or Provincial Prosecutor. Without the demand letter and proof that the drawer received it and failed to pay within 5 banking days, the prosecutor cannot find probable cause for a B.P. 22 violation.
A B.P. 22 Demand Letter must be sent after the drawee bank issues a Notice of Dishonor — the bank's written notification to the payee that the check was dishonored for insufficiency of funds (DAUD — Drawn Against Uncollected Deposits), account closed (DACC — Drawn Against Closed Account), stop payment order (STOP PAYMENT), or other grounds. Attach the bank's dishonor notice to the demand letter.
A B.P. 22 Demand Letter is sent when a post-dated check (PDC) given in payment for goods, services, or a loan is dishonored upon presentment on the date indicated on the check, and the issuer has failed to make good on the check voluntarily.
A B.P. 22 Demand Letter serves as documentary evidence in a civil action for collection of the check amount, separate from the criminal prosecution. Under Supreme Court Administrative Circular No. 57-97 and subsequent circulars, the filing of a B.P. 22 case does not preclude a separate civil action for the underlying debt.
A B.P. 22 Demand Letter is needed when a landlord, supplier, lender, or service provider receives a bounced check and wishes to give the issuer a final opportunity to pay before initiating criminal proceedings — the 5-banking-day cure period after the demand letter allows the drawer to avoid criminal liability by paying in full.
What to Include in Your BP22 Demand Letter for Dishonored Check (Philippines)
A valid B.P. 22 Demand Letter in the Philippines must contain the following elements to satisfy the legal prerequisites for a criminal complaint under Batas Pambansa Blg. 22.
Sender's Identity: Full legal name and address of the payee (the person sending the demand letter). For corporations, state the company name, address, and the authorized representative signing the letter.
Recipient's Identity: Full legal name and complete current address of the drawer (the person who issued the dishonored check). Accurate address is critical because proof of delivery (registered mail return card, courier acknowledgment, or personal service acknowledgment) establishes receipt of notice.
Check Details: The specific dishonored check identified by: check number; name of the drawee bank and branch; date of the check; face amount in figures and in words (e.g., PHP 100,000.00 — ONE HUNDRED THOUSAND PESOS); the payee named in the check; and the account number of the drawer.
Disshonor Information: State the date the check was presented for payment; the date of dishonor by the bank; and the reason for dishonor as stated in the bank's notice (e.g., ACCOUNT CLOSED, DRAWN AGAINST INSUFFICIENT FUNDS, STOP PAYMENT). Attach the bank's Notice of Dishonor as an annex.
Demand: An express, unambiguous demand for payment of the full face amount of the dishonored check within five (5) banking days from receipt of the demand letter, as required by Section 2 of Batas Pambansa Blg. 22.
Warning of Criminal Prosecution: A clear statement that failure to pay within the 5-banking-day period will result in the filing of a criminal complaint under Batas Pambansa Blg. 22 before the Office of the City or Provincial Prosecutor.
Mode of Delivery: Send the demand letter by registered mail with return card (to create a presumption of receipt after 10 days under Rule 13 of the Rules of Court), by courier with acknowledgment, or by personal delivery with a signed acknowledgment receipt from the drawer or their representative.
Additional compliance elements for a B.P. 22 Demand Letter for Dishonored Check (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
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Forms Legal. (2026). BP22 Demand Letter for Dishonored Check (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/financial/debt/bp22-demand-letter-philippines
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title = {BP22 Demand Letter for Dishonored Check (Philippines) (Philippines)},
year = {2026},
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note = {Free legal document template. Based on National Internal Revenue Code (RA 8424)}
}Frequently Asked Questions
If the drawer of a dishonored check pays the full face amount of the check within 5 banking days from receipt of the written notice of dishonor (the B.P. 22 demand letter), the drawer is no longer criminally liable under Section 2 of Batas Pambansa Blg. 22. Payment within the 5-banking-day period is a complete defense that extinguishes criminal liability under B.P. 22 — it is specifically provided in the law as a way for the drawer to avoid prosecution by making good on the dishonored check promptly after receiving notice. The 5-banking-day period is counted from the date the drawer actually receives the demand letter (not from the date the letter was sent). To avoid disputes about the date of receipt, payees send demand letters by registered mail (which creates a presumption of receipt after 10 days under Rule 13 of the Rules of Court) or by courier with a signed acknowledgment. Payment should be made in cleared funds — cash, manager's check, or certified check — not by another personal check.
Yes — a written notice of dishonor (demand letter) is a mandatory requisite for a criminal complaint under Batas Pambansa Blg. 22 (Bouncing Checks Law). Section 2 of B.P. 22 expressly provides that the maker or drawer is given an opportunity to make good on the check within 5 banking days after receiving written notice of dishonor; failure to do so creates a prima facie presumption of knowledge of insufficient funds at the time of issuance. The Supreme Court of the Philippines in Lim v. People (G.R. No. 130038, September 18, 2000) and subsequent decisions has consistently held that without proof of receipt of a written notice of dishonor and the 5-banking-day period having elapsed without payment, there is no B.P. 22 violation. The demand letter must be in writing, must specifically identify the dishonored check, must demand payment, and must be actually received by the drawer. Oral demand is insufficient. Banks' automatically generated dishonor notices addressed to the payee (not the drawer) do not substitute for the payee's demand letter to the drawer.
Yes — a B.P. 22 (Bouncing Checks Law) conviction in the Philippines may result in 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 PHP 200,000), or both, under Section 1 of Batas Pambansa Blg. 22. However, the Supreme Court in Administrative Circular No. 12-2000 (August 21, 2000, as clarified by Circular No. 13-2001) issued a guideline that courts should impose a fine rather than imprisonment in B.P. 22 cases, to relieve court congestion and because the offense is essentially economic in nature — unless the accused is shown to be a recidivist, has pending B.P. 22 cases, or other circumstances make imprisonment the more appropriate penalty. In practice, most B.P. 22 convictions in Philippines result in fines plus civil liability for the check amount. The Revised Rules on Summary Procedure (A.M. No. 08-8-7-SC) apply to B.P. 22 cases with check amounts not exceeding PHP 1,000,000, enabling faster disposition.
Both B.P. 22 (Bouncing Checks Law) and estafa under Article 315(2)(d) of the Revised Penal Code may arise from a dishonored check in the Philippines, but they are distinct offenses. B.P. 22 is a malum prohibitum offense — the mere act of issuing a check that bounces and failing to pay within 5 banking days after written notice constitutes a crime, regardless of intent to defraud. Estafa under Article 315(2)(d) requires proof of deceit — the prosecution must establish that at the time the check was issued, the drawer knew it would be dishonored and used this representation to induce the payee to part with something of value. Estafa carries higher penalties (scaled to the amount defrauded, potentially reaching reclusion temporal for large amounts), while B.P. 22 carries a maximum of 1 year imprisonment or a fine. A single dishonored check can give rise to both offenses filed simultaneously. However, jurisprudence (e.g., Cueme v. People, G.R. No. 140895, 2001) requires that the prosecution in an estafa case specifically prove the deceit element beyond a reasonable doubt — mere dishonor of the check establishes B.P. 22 but not necessarily estafa.
A B.P. 22 Demand Letter for Dishonored Check (Philippines) does not legally require a lawyer in Philippines, and individuals and businesses may draft and execute the document independently. The National Internal Revenue Code (RA 8424) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Philippines lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of the Philippines has jurisdiction over disputes arising from this type of document, and Securities and Exchange Commission (SEC Philippines) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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