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VICKY MOSTER v. PEOPLE

This case has been cited 2 times or more.

2014-06-18
REYES, J.
"The  overriding  consideration  is  not  whether  the  court  doubts  the  innocence  of  the  accused  but  whether  it  entertains  a  reasonable doubt  as  to  his  guilt.  If  there  exist  even  one  iota  of  doubt,  this  Court is  'under  a  long  standing  legal  injunction  to  resolve  the  doubt  in  favor of herein accused-petitioner.'"[30]  "Any doubt shall be resolved in favor of the accused."[31]
2013-03-06
ABAD, J.
But the Court finds that the second element was not sufficiently established. Section 2[6] of B.P. 22 creates the presumption that the issuer of the check was aware of the insufficiency of funds when he issued a check and the bank dishonored it. This presumption, however, arises only after it is proved that the issuer had received a written notice of dishonor and that, within five days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment.[7]