G.R. No. 177438 - Resterio vs. People

The petitioner, Amada Resterio, was charged in the Municipal Trial Court in Cities (MTCC) in Mandaue City for violation of Batas Pambansa Blg. 22 (B.P. 22) or the Bouncing Checks Law.
The information alleged that in May 2002 in Mandaue City, the petitioner knowingly made, drew, and issued ChinaBank Check No. AO141332 dated June 3, 2002, in the amount of ₱50,000 payable to Bernardo T. Villadolid.
It was alleged that the petitioner did not have sufficient funds or credit with the drawee bank for full payment at the time of issuance.
The check was dishonored by the drawee bank due to a closed account or insufficient funds.
Despite written notice of dishonor and demand for payment, the petitioner failed and refused to redeem the check or make payment arrangements within five banking days.

The MTCC found the petitioner guilty beyond reasonable doubt, imposing a fine of ₱50,000 and awarding civil liabilities, attorney’s fees, and filing fee reimbursement to the complainant.
The petitioner appealed to the Regional Trial Court (RTC), which affirmed the conviction.
The petitioner elevated the case to the Court of Appeals (CA), arguing:

On December 4, 2006, the CA denied the petition for review, affirming the conviction.

Whether the prosecution established all the essential elements of Batas Pambansa Blg. 22 beyond reasonable doubt, specifically:

The knowledge of the petitioner at the time of issuance that there were insufficient funds or credit in the drawee bank.
Whether a written notice of dishonor was actually sent and received by the petitioner, as required by law.
If the absence or improper proof of notice of dishonor invalidates the prosecution’s case.