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OFELIA MARIGOMEN v. PEOPLE

This case has been cited 5 times or more.

	GR No. 177438 2012-09-24	AMADA RESTERIO v. PEOPLE BERSAMIN, J.
Also, that the wife of Villadolid verbally informed the petitioner that the check had bounced did not satisfy the requirement of showing that written notices of dishonor had been made to and received by the petitioner. The verbal notices of dishonor were not effective because it is already settled that a notice of dishonor must be in writing.[19] The Court definitively ruled on the specific form of the notice of dishonor in Domagsang v. Court of Appeals:[20]
	GR No. 149858 2007-09-05	FRANCISCO M. BAX v. PEOPLE SANDOVAL-GUTIERREZ, 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.[6]
	GR NO. 155619 2007-08-14	LEODEGARIO BAYANI v. PEOPLE AUSTRIA-MARTINEZ, 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.[22]
	GR NO. 156169 2005-08-12	VICTOR ONGSON v. PEOPLE YNARES-SANTIAGO, 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. 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.[44] Furthermore, the notice of dishonor must be in writing; a verbal notice is not enough.[45]