I seeking for an advice if i can file for motion for reconsideration for the case i file against accused. Last March accused borrow cash loan to me amounting to 66,000 and she issued checks and signed in a promissory note and notarized it. On the due the dates of 7 pcs. checkes it all bounced and marked by the bank closed account. So after I wrote her a demand letter thru registered mail on the address she gave on her promissory note but the registry mail did not found and noted the mailed envelop unknown. So I filed the case of BP22 and Staffa against her, Fiscal officer did also send summon for hearing but she did not appear 3 times. Four months after the process I've waited result is not favorable to me because the Fiscal Dismissed the case for the reason:
" It must be established that the written noticed was actually received by the accused. The That accused should be acquitted if there is no such proof of receipt. Procedural due process demands that a notice of dishonor be actually served on the drawer. The drawer has the right to demand and the basic postulate of fairness requires-that the notice of dishonor be actually sent and received by her to afford her opportunity to aver prosecution under Bp22."
As regards the case of staffa, the evidence is bereft of showing that the checks were issued in payment of an obligation contracted at the time the said checks were issued. Complainant only made an allegation that the said checks were issued as payment to the loan which respondent made on several occasion. No evidence however was introduced, which of these checks were issued to him when respondent borrowed money on a specific date. Stated otherwise the allegation along this point is couched in general language.Furthermore, a closer security of the records would show that these checks were actually issued as guarantee fo the payment of loan or as evidence of indebtedness. Thus, it has been ruled in this connection that a drawer who issues a check as security or guarantee the payment of the loan in not liable for staffa"
In fine, we hold that the evidence so far presented before us in these cases is still insufficient to warrant the existence of probable cause to hold the respondent for trial of the crimes charged.
Whereof, premises considered, it is respectfully recommended that these cases be dismissed.
Please help kailangan ko din po masingil yung tao na may utang skin kasi inutang ko din sa bank yun and nag issue din ako ng checked. Yung taong nangutang skin nagtatago na pero pinapaburan pa din ng Fiscal Officer.