This case has been cited 4 times or more.
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2008-04-23 |
CARPIO MORALES, J. |
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| The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or it would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.[16] (Underscoring supplied) While issuing of a bouncing check is malum prohibitum, the prosecution is not excused from its responsibility of proving beyond reasonable doubt all the elements of the offense.[17] | |||||
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2007-09-05 |
SANDOVAL-GUTIERREZ, J. |
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| Since petitioner did not receive a written notice of dishonor of the checks, obviously, there is no way of determining when the 5-day period prescribed in Section 2 of B.P. 22 would start and end. Thus, the prima facie evidence of petitioner's knowledge of the insufficiency of funds or credit at the time he issued the checks did not arise.[11] | |||||
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2006-12-20 |
CHICO-NAZARIO, J. |
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| The accused makes, draws or issues any check to apply to account or for value; The accused knows at the time of the issuance that he or she does not have sufficient funds in, or credit with, the drawee bank for the payment of the check in full upon its presentment; and The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or it would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.[21] All these elements have been conclusively proven in Court, the second element by the prima facie evidence established by Section 2 of Batas Pambansa Blg. 22, which provides: | |||||
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2003-06-06 |
AUSTRIA-MARTINEZ, J. |
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| 3. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or it would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.[40] | |||||