Insufficiency of funds CANNOT be presumed w/o proof of notice of DISHONOR of check

Under paragraph 2(d), if there is no proof of notice of dishonor, knowledge of insufficiency of funds cannot be presumed, and unless there is a priori intent, which is hard to determine and may not be inferred from mere failure to comply with a promise, no Estafa can be deemed to exist. (People vs. Ojeda, G.R. Nos. 104238-58, 03 June 2004, 430 SCRA 436)

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