Resterio vs People

Facts
Amada Resterio issued a check for P50,000.00 to Bernardo. When the check was presented for
payment, the check bounced for reason account closed. Notice of dishonour was sent to
Amada by registered mail with return card. Amada failed to pay the face value of the check.
Hence, Bernardo filed a case against Amada for violation of BP 22. Amada was convicted by
the MTC, affirmed by the RTC and the CA.

Issue
Whether or not the notice of dishonour was properly served

Held
The notice of dishonour required by BP 22 to be given to the drawer, maker, or issuer of a
check should be written. If the service of the written notice of dishonour on the maker, drawer,
or issuer of the dishonoured check is by registered mail, the proof of service consists not only in
the presentation as evidence of the registry return receipt but also of the registry together with
authenticating affidavit of the person mailing the notice of dishonour. Without authenticating
affidavit, the proof of giving the notice of dishonour is insufficient unless the mailer personally
testifies in court on the sending by registered mail.