Lawyerly

You're currently signed in as:
User

VICTOR TING 'SENG DEE' v. CA

This case has been cited 5 times or more.

	GR No. 177438 2012-09-24	AMADA RESTERIO v. PEOPLE BERSAMIN, J.
(3) The dishonor of the check by the drawee bank for insufficiency of funds or credit or the dishonor for the same reason had not the drawer, without any valid cause, ordered the drawee bank to stop payment.[7]
	GR No. 167461 2008-02-19	VICKY MOSTER v. PEOPLE QUISUMBING, J.
Ordinarily, preponderance of evidence is sufficient to prove notice. But in criminal cases, the quantum of proof required is proof beyond reasonable doubt.[21] In the instant case, the prosecution merely presented a copy of the demand letter allegedly sent to petitioner through registered mail and the registry return card. There was no attempt to authenticate or identify the signature on the registry return card. All that we have on record is an illegible signature on the registry receipt as evidence that someone received the letter. As to whether this signature is that of petitioner or her authorized agent remains a mystery. We stress that as we have held in Rico v. People,[22] receipts for registered letters and return receipts do not by themselves prove receipt; they must be properly authenticated to serve as proof of receipt of the letters, claimed to be a notice of dishonor.
	GR NO. 153451 2005-05-26	OFELIA MARIGOMEN v. PEOPLE CALLEJO, SR., J.
(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.[34]
	GR NO. 141669 2005-02-28	JAIME DICO v. CA CHICO-NAZARIO, J.
For this presumption to arise, the prosecution must prove the following: (a) the check is presented within ninety (90) days from the date of the check; (b) the drawer or maker of the check receives notice that such check has not been paid by the drawee; and (c) the drawer or maker of the check fails to pay the holder of the check the amount due thereon, or make arrangements for payment in full within five (5) banking days after receiving notice that such check has not been paid by the drawee. In other words, the presumption is brought into existence only after it is proved that the issuer had received a 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.[34] The presumption or prima facie evidence as provided in this section cannot arise, if such notice of nonpayment by the drawee bank is not sent to the maker or drawer, or if there is no proof as to when such notice was received by the drawer, since there would simply be no way of reckoning the crucial 5-day period.[35]
	AM No. MTJ-04-1557 2004-10-21	MARTIN DEL ROSARIO v. JUDGE ERANIO G. CEDILLO YNARES-SATIAGO, J.
(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.[13]