This case has been cited 2 times or more.
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2015-10-05 |
BRION, J. |
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| Under the circumstances, we find that Bernardo's claim of payment was nothing more than an allegation unsupported by adequate proof. If indeed there had been payment, she should have redeemed or taken back the checks and the promissory note, in the ordinary course of business.[80] Instead, the checks and the promissory note remained in the possession of Bumanglag, who had to demand the satisfaction of Bernardo's obligation when the checks became due and were subsequently dishonored by the drawee bank. Bumanglag's possession of the promissory note, coupled with the dishonored checks, strongly buttresses her claim that Bernardo's obligation had not been extinguished.[81] | |||||
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2008-02-26 |
CARPIO MORALES, J. |
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| For petitioner to be validly convicted of the crime under B.P. Blg. 22, the following requisites must thus concur: (1) the making, drawing and issuance of any check to apply for account or for value; (2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and (3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.[11] | |||||