On April 9, 1986, Garcia delivered 98 more sacks of rice to Reyes, and Reyes again issued two checks, each in the amount of P14,210.00, the first dated April 10, 1986, and the other April 15, 1986.On April 9, 1986, Reyes placed another order for 200 sacks of rice, which Garcia delivered to her on the same day.Under Section 2 thereof, the making, drawing and issuance of a check, payment of which is refused by the drawee because of insufficient funds in or credit with such bank, is prima facie evidence of knowledge of such insufficiency when the check is presented within 90 days from the date of the check.However, the prima facie evidence of knowledge of such insufficiency does not lie when the maker or drawer pays the holder of the check the amount due thereon, or makes arrangements for payment in full by the drawee of such check within five (5) banking days after receiving notice that such check has not been paid by the drawee.
Villanueva signed a receipt reading as follows:6 August 16, 1994 Received from MRS. MADARANG the following jewelries (sic) with the corresponding amount Madarang received the checks because of Villanueva's assurance that they would all be honored upon presentment.7 However, the drawee bank paid only PNB Check No. 131531, the remaining seven checks being dishonored either by reason of Account Closed or Drawn Against Insufficient Funds.8 Madarang tried to call and see Villanueva at her residence to inform her of the dishonored checks, but Madarang was barred by security guards from reaching Villanueva.9 Madarang resorted to sending demand letters, but her effort to contact Villanueva proved futile.10 After Villanueva did not settle her obligations, Madarang brought the criminal complaint for estafa,11 and the corresponding information for estafa was ultimately filed in court on September 4, 1995.
The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. On the other hand, the elements of the offense under Section 1, BP Blg 22, are: (1) the making, drawing and issuance of any check to apply to account or for value; (2) the maker, drawer or issuer knows that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such in full upon presentment; and (3) the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. 22 requires that the drawer of the check must have knowledge at the time of issue that he does not have sufficient funds in or credit with the drawee bank.
This crime is committed by any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. Settled is the rule that, to constitute estafa, the act of postdating or issuing a check in payment of an obligation must be the efficient cause of defraudation and, as such, it should be either prior to or simultaneous with the act of fraud.
On arraignment, Villanueva pleaded not guilty.12 Version of the Defense Villanueva denied the accusation. The first was at the residence of Cheng Diaz Davis, where Madarang was then selling jewelry.
The second time was at her residence in the Galeria de Magallanes where Madarang arrived without prior notice at around or in the evening.
25983, affirming with modification the decision of the Regional Trial Court (RTC) of Malolos, Bulacan in Criminal Cases Nos. In September 1994, three separate Criminal Informations charging Joy Lee Recuerdo of Estafa under Article 315, paragraph 2(d) of the Revised Penal Code involving 18 worthless bank checks were simultaneously filed by the Office of the Provincial Prosecutor of Bulacan, the accusatory portions of which read, thus: That sometime in the second week of December, 1993, in the municipality of Meycauayan, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the said accused Joy Lee Recuerdo, with intent to gain and by means of deceit, false pretenses and fraudulent manifestations, and pretending to have sufficient funds with the Unitrust, Makati Commercial Center Branch, did then and there willfully, unlawfully and feloniously prepare, draw, make and issue the following postdated checks, to wit:132,000.00 drawn against the said bank, and deliver the said checks to the complaining witness Yolanda G.