Petitioner
Resterio
Respondent
People
Citation
G.R. No. 177438
Court
Supreme Court
Division
First Division
Ponente
Bersamin, J.
Decided
September 24, 2012

Summary

This criminal case involves the prosecution of Amada Resterio for violating Batas Pambansa Blg. 22 by issuing a bouncing check worth P50,000.00. The Supreme Court acquitted the petitioner despite the check being dishonored, ruling that the prosecution failed to prove the essential element of knowledge of insufficient funds. The Court emphasized that written notice of dishonor must be properly proven through authenticated evidence, not merely registry return receipts. The decision establishes that registry return receipts alone are insufficient proof of service without authenticating affidavits or testimony from the person who mailed the notices. While criminal liability was dismissed, civil liability for the face value of the check was maintained. The case reinforces strict evidentiary requirements in criminal prosecutions and the importance of procedural due process in BP 22 cases.

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By the Intellegal Editorial Board · September 24, 2012

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