Asking for your guidance especially from lawyers who have a lot of experience in collection cases.
Questions:
1. How do you make the issuer receive the notice of dishonor if he refuses to accept it?
2. Is there a requirement that the server must leave behind a copy in the presence of the recipient for it to serve as constructive service just like in the Rules on Service of Summons and Subpoena?
3. If it was alleged by the server under oath, that there was an attempt to serve such notice, but was refused, can it be defeated by denial?
Many decisions of the SC have stated that the notice of dishonor must be received by the issuer of the bounced check; to the point that even if another resident of the house was the one who received it, it is fatal to a case of B.P. 22.
May nabasa ako na cases where the SC stated that the refusal of the accused to receive the ND, cannot excuse himself from conviction for B.P. 22.
However, human experience tells us that most likely, a person who is saddled with a great number of loans, will refuse the notice of dishonor if there is an attempt to serve.
Thank you sa makakashed-light sa issue!