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BEN B. RICO v. PEOPLE

This case has been cited 2 times or more.

2008-02-19
QUISUMBING, J.
As to the second element, Section 2[18] of B.P. Blg. 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.[19] 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.[20]
2007-09-05
SANDOVAL-GUTIERREZ, J.
However, petitioner should pay the face value of the nine (9) dishonored checks plus legal interest.   It is well settled that the civil liability is not extinguished by acquittal where such acquittal is based on lack of proof beyond reasonable doubt, since only preponderance of evidence is required in civil cases.[12]