Practice question
A messenger credibly testifies and swears in an affidavit that he tendered the notice at the drawer's office, where the drawer refused it and directed an employee to receive it. The drawer offers only a bare denial and no evidence making presence or receipt physically impossible. Does refusal alone necessarily defeat prosecution under Carlos?
- Yes, a drawer can always avoid the statute by declining delivery.
- Yes, any denial outweighs affirmative service proof.
- No; the court must assess the affirmative evidence of proper service, and refusal or bare denial is not an automatic route to acquittal.
- No, because dishonor alone dispenses with notice in every case.
- Yes, unless the messenger is a police officer.
Legal references
- BP 22, Sections 1–3, elements, knowledge and notice: https://lawphil.net/statutes/bataspam/bp1979/bp_22_1979.html
- Administrative Circular No. 13-2001, February 14, 2001, clarifying AC 12-2000 fine preference: https://lawphil.net/courts/supreme/ac/ac_13_2001.html
- Carlos v People and Tire Star, G.R. No. 277047, April 15, 2026, en banc MAIN decision, notice of dishonor service guidelines: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70562
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