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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2000 Jurisprudence                 

  • G.R. No. 117690 September 1, 2000 - PEOPLE OF THE PHIL. v. ALBERTO DANO

  • G.R. No. 128567 September 1, 2000 - HUERTA ALBA RESORT INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-00-1582 September 4, 2000 - COB C. DE LA CRUZ v. RODOLFO M. SERRANO

  • G.R. No. 134763 September 4, 2000 - PEOPLE OF THE PHIL. v. WILFREDO RIGLOS, ET AL.

  • G.R. No. 137785 September 4, 2000 - NAPOCOR v. VINE DEVELOPMENT CORPORATION, ET AL.

  • G.R. No. 139282 September 4, 2000 - ROMEO DIEGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 90828 September 5, 2000 - MELVIN COLINARES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124077 September 5, 2000 - PEOPLE OF THE PHIL. v. ADORACION SEVILLA ET AL.

  • G.R. No. 129239 September 5, 2000 - PEOPLE OF THE PHIL. v. PAUL LAPIZ

  • G.R. Nos. 131848-50 September 5, 2000 - PEOPLE OF THE PHIL. v. RODOLFO VILLARAZA

  • G.R. No. 139853 September 5, 2000 - FERDINAND THOMAS M. SOLLER v. COMELEC, ET AL.

  • A.M. No. MTJ-00-1307 September 6, 2000 - MANUEL BUNYI, ET AL. v. FELIX A. CARAOS

  • A.M. No. MTJ-00-1309 September 6, 2000 - FREDESMINDA DAYAWON v. MAXIMINO A. BADILLA

  • A.M. No. O.C.A.-00-01 September 6, 2000 - JULIETA B. NAVARRO v. RONALDO O. NAVARRO, ET AL.

  • G.R. No. 129220 September 6, 2000 - PEOPLE OF THE PHIL. v. BERNIE JAMON FAUSTINO

  • G.R. No. 131506 September 6, 2000 - PEOPLE OF THE PHIL. v. RODEL DIZON

  • G.R. No. 133625 September 6, 2000 - REMEDIOS F. EDRIAL ET AL. v. PEDRO QUILAT-QUILAT, ET AL.

  • A.M. No. MTJ-00-1314 September 7, 2000 - CLODUALDO C. DE JESUS v. RODOLFO D. OBNAMIA JR.

  • G.R. No. 121802 September 7, 2000 - GIL MACALINO, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 126036 September 7, 2000 - PEOPLE OF THE PHIL. v. PASCUAL BALINAD, ET AL.

  • G.R. No. 128158 September 7, 2000 - PEOPLE OF THE PHIL. v. ARMANDO JUAREZ, ET AL.

  • G.R. No. 137431 September 7, 2000 - EDGARDO SANTOS v. LAND BANK OF THE PHIL.

  • G.R. No. 143385 September 7, 2000 - LEARNING CHILD, ET AL. v. ANNIE LAZARO, ET AL.

  • A.M. Nos. P-93-990 & A.M. No. P-94-1042 September 8, 2000 - TERESITO D. FRANCISCO v. FERNANDO CRUZ

  • G.R. No. 125167 September 8, 2000 - PRODUCERS BANK OF THE PHIL, ET AL. v. BANK OF THE PHIL. ISLANDS, ET AL.

  • G.R. No. 137714 September 8, 2000 - PEOPLE OF THE PHILS.. v. ROBERTO BANIGUID

  • A. M. No. P-99-1309 September 11, 2000 - FRANCISCO B. IBAY v. VIRGINIA G. LIM

  • G.R. No. 137857 September 11, 2000 - REPUBLIC OF THE PHIL. v. SANCHO MAGDATO

  • G.R. No. 115054-66 September 12, 2000 - PEOPLE-OF THE PHILIPPINES v. VICENTE MENIL

  • G.R. No. 138201 September 12, 2000 - FRANCISCO BAYOCA, ET AL. v. GAUDIOSO NOGALES, ET AL.

  • G.R. No. 123111 September 13, 2000 - PEOPLE OF THE PHIL. v. JIMMY DAGAMI

  • G.R. No. 127444 September 13, 2000 - PEOPLE OF THE PHIL. v. TIRSO D. C. VELASCO, ET AL.

  • G.R. No. 126402 September 13, 2000 - PEOPLE OF THE PHIL. v. LITO ROSALES

  • G.R. No. 126781 September 13, 2000 - PEOPLE OF THE PHIL. v. CALIXTO ZINAMPAN, ET AL.

  • G.R. No. 133918 September 13, 2000 - PEOPLE OF THE PHIL. v. TIBOY ALBACIN

  • G.R. No. 133981 September 13, 2000 - PEOPLE OF THE PHIL. v. HILARION BERGONIO, JR.

  • A.M. No. 00-1281-MTJ. September 14, 2000 - OFFICE OF THE COURT ADMINISTRATOR v. SALVADOR B. MENDOZA

  • G.R. Nos. 104637-38 & 109797 September 14, 2000 - SAN MIGUEL CORPORATION, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126368 September 14, 2000 - PEOPLE OF THE PHIL. v. JOHNNY CALABROSO, ET AL.

  • G.R. No. 129208 September 14, 2000 - PEOPLE OF THE PHIL. v. EDGARDO ALORO

  • G.R. No. 131680 September 14, 2000 - SUBIC BAY METROPOLITAN AUTHORITY, ET AL. v. UNIVERSAL INTERNATIONAL GROUP OF TAIWAN, ET AL.

  • G.R. No. 140269-70 September 14, 2000 - PHIL. CARPET EMPLOYEES ASSOCIATION ET AL. v. PHIL. CARPET MANUFACTURING CORP.

  • G.R. Nos. 143351 & 144129 September 14, 2000 - MA. AMELITA C. VILLAROSA v. HRET, ET AL.

  • G.R. No. 109269 September 15, 2000 - BAYER PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134266 September 15, 2000 - PEOPLE OF THE PHIL. v. MELENCIO BALI-BALITA

  • G.R. Nos. 135288-93 September 15, 2000 - PEOPLE OF THE PHIL. v. JESUS GIANAN

  • G.R. No. 130038 September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.

  • G.R. No. 132603 September 18, 2000 - ELPIDIO M. SALVA, ET AL. v. ROBERTO L. MAKALINTAL, ET AL.

  • G.R. No. 134651 September 18, 2000 - VIRGILIO JIMENEZ, ET AL. v. PATRICIA, INC.

  • G.R. No. 134730 September 18, 2000 - FELIPE GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133373-77 September 18, 2000 - PEOPLE OF THE PHIL. v. FAUSTINO CAMPOS

  • G.R. NO. 140268 September 18, 2000 - PEOPLE OF THE PHIL. v. JOSE LLANES, ET AL.

  • G.R. No. 141471 September 18, 2000 - COLEGIO DE SAN JUAN DE LETRAN v. ASSOC. OF EMPLOYEES AND FACULTY OF LETRAN, ET AL.

  • G.R. No. 141787 September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC

  • G.R. No. 142038 September 18, 2000 - ROLANDO E. COLUMBRES v. COMELEC, ET AL.

  • G.R. Nos. 136149-51 September 19, 2000 - PEOPLE OF THE PHIL. v. WALPAN LADJAALAM

  • G.R. No. 137659 September 19, 2000 - PEOPLE OF THE PHIL. v. AMADEO TRELLES

  • G.R. No. 114348 September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 131927 September 20, 2000 - PEOPLE OF THE PHIL. v. DAVID BANAWOR, ET AL.

  • G.R. No. 135516 September 20, 2000 - PEOPLE OF THE PHILS. v. NEIL DUMAGUING

  • G.R. No. 132547 September 20, 2000 - PEOPLE OF THE PHIL. v. ERNESTO ULEP

  • G.R. No. 117417 September 21, 2000 - MILAGROS A. CORTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120747 September 21, 2000 - VICENTE GOMEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 128990 September 21, 2000 - INVESTORS FINANCE CORP. v. AUTOWORLD SALES CORP.

  • G.R. No. 136396 September 21, 2000 - PEOPLE OF THE PHIL. v. ROLANDO ZASPA, ET AL.

  • G.R. No. 136453 September 21, 2000 - PETRITA Y. BONILLA v. COURT OF APPEALS, , ET AL.

  • G.R. No. 137571 September 21, 2000 - TUNG CHIN HUI v. RUFUS B. RODRIGUEZ, ET AL.

  • A.M. No. P-00-1424 & MTJ-00-1316 September 25, 2000 - REYNALDO B. BELLOSILLO v. DANTE DE LA CRUZ RIVERA

  • G.R. No. 129055 September 25, 2000 - PEOPLE OF THE PHIL. v. EDGAR BACALSO

  • G.R. No. 129296 September 25, 2000 - PEOPLE OF THE PHlL. v. ABE VALDEZ

  • G.R. No. 132078 September 25, 2000 - PEOPLE OF THE PHIL. v. ARTEMIO BERZUELA

  • G.R. No. 133465 September 25, 2000 - AMELITA DOLFO v. REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE, ET AL.

  • A.M. No. RTJ-93-986 September 26, 2000 - EDUARDO C. DE VERA v. WILLIAM LAYAGUE

  • G.R. No. 122110 September 26, 2000 - PEOPLE OF THE PHIL. v. FERIGEL OLIVA

  • G.R. No. 135630 September 26, 2000 - INTRAMUROS TENNIS CLUB v. PHIL. TOURISM AUTHORITY (PTA)

  • G.R. Nos. 136012-16 September 26, 2000 - PEOPLE OF THE PHIL. v. ULDARICO HONRA, JR.

  • G.R. No. 138887 September 26, 2000 - PEOPLE OF THE PHIL. v. JURRIE DUBRIA

  • G.R. No. 142392 September 26, 2000 - DOMINGA A. SALMONE v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • A.M. No. MTJ-00-1319 September 27, 2000 - ROLANDO A. SULLA v. RODOLFO C. RAMOS

  • A.M. No. RTJ-99-1447 September 27, 2000 - LEONARDO DARACAN, ET AL. v. ELI G.C. NATIVIDAD

  • G.R. No. 109760 September 27, 2000 - PEOPLE OF THE PHILS. v. PABLO F. EMOY, ET AL.

  • G.R. No. 122498 September 27, 2000 - PEOPLE OF THE PHILS. v. ELMEDIO CAJARA

  • G.R. No. 133946 September 27, 2000 - PEOPLE OF THE PHIL. v. OSCAR NOGAR

  • G.R. Nos. 97138-39 September 28, 2000 - PEOPLE OF THE PHIL. v. EFREN TEMANEL, ET AL.

  • G.R. No. 132311 September 28, 2000 - PEOPLE OF THE PHIL. v. MINA LIBRERO

  • G.R. No. 132725 September 28, 2000 - PEOPLE OF THE PHIL. v. ARMANDO QUILATAN

  • G.R. No. 136843 September 28, 2000 - PEOPLE OF THE PHIL. v. PEDRO ABUNGAN, ET AL.

  • G.R. No. 138054 September 28, 2000 - ROSENDO C. CARTICIANO, ET AL. v. MARIO NUVAL

  • G.R. No. 138503 September 28, 2000 - ROBERTO FERNANDEZ v. PEOPLE OF THE PHIL., ET AL.

  • A.M. No. 00-3-01-CTA September 29, 2000 - RE: JUDGE ERNESTO D. ACOSTA

  • A.M. No. RTJ-00-1589 September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO

  • G.R. No. 106401 September 29, 2000 - FLORENTINO ZARAGOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123299 September 29, 2000 - PEOPLE OF THE PHIL. v. SANTIAGO CARUGAL, ET AL.

  • G.R. Nos. 124671-75 September 29, 2000 - PEOPLE OF THE PHIL. v. LINDA SAGAYDO

  • G.R. No. 126048 September 29, 2000 - PEOPLE OF THE PHIL v. RODEL SAMONTE

  • G.R. No. 126254 September 29, 2000 - PEOPLE OF THE PHIL. v. RONALDO PONCE

  • G.R. No. 129507 September 29, 2000 - CHAN SUI BI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130785 September 29, 2000 - PEOPLE OF THE PHILS. v. RONALD VITAL

  • G.R. No. 131492 September 29, 2000 - ROGER POSADAS, ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 131813 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIO ABENDAN

  • G.R. No. 133443 September 29, 2000 - PEOPLE OF THE PHIL. v. DOMINADOR DE LA ROSA, ET AL.

  • G.R. No. 134100 September 29, 2000 - PURITA ALIPIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135382 September 29, 2000 - PEOPLE OF THE PHIL. v. LOURDES GAMBOA

  • G.R. No. 135457 September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.

  • G.R. No. 135548 September 29, 2000 - FAR EAST BANK AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 135981 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIVIC GENOSA

  • G.R. Nos. 137379-81 September 29, 2000 - PEOPLE OF THE PHILS. v. ARTURO GARCIA

  • G.R. No. 139910 September 29, 2000 - PHILIPPINE COCONUT AUTHORITY v. CORONA INTERNATIONAL

  • G.R. No. 141060 September 29, 2000 - PILIPINAS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 141959 September 29, 2000 - JUANITA NARZOLES, ET AL. v. NLRC, ET AL.

  •  





     
     

    G.R. No. 130038   September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 130038. September 18, 2000.]

    ROSA LIM, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N


    PARDO, J.:


    The case is an appeal from the decision 1 of the Court of Appeals affirming in toto that of the Regional Trial Court, Cebu City. 2 Both courts found petitioner Rosa Lim guilty of twice violating Batas Pambansa Bilang 22 3 and imposing on her two one-year imprisonment for each of the two violations and ordered her to pay two fines, each amounting to two hundred thousand pesos (P200,000.00). The trial court also ordered petitioner to return to Maria Antonia Seguan, the jewelry received or its value with interest, to pay moral damages, attorney’s fees and costs. 4

    We state the relevant facts. 5

    On August 25, 1990, petitioner called Maria Antonia Seguan by phone. Petitioner thereafter went to Seguan’s store. She bought various kinds of jewelry — Singaporean necklaces, bracelets and rings worth P300,000.00. She wrote out a check dated August 25, 1990, payable to "cash" drawn on Metrobank in the amount of P300,000.00 6 and gave the check to Seguan.chanrob1es virtua1 1aw 1ibrary

    On August 26, 1990, petitioner again went to Seguan’s store and purchased jewelry valued at P241,668.00. Petitioner issued another check payable to "cash" dated August 16, 1990 drawn on Metrobank in the amount of P241,668.00, 7 and sent the check to Seguan through a certain Aurelia Nadera.

    Seguan deposited the two checks with her bank. The checks were returned with a notice of dishonor. Petitioner’s account in the bank from which the checks were drawn was closed.

    Upon demand, petitioner promised to pay Seguan the amounts of the two dishonored checks. She never did.

    On June 5, 1991, 8 an Assistant City Prosecutor of Cebu filed with the Regional Trial Court, Cebu City, Branch 23 two informations against petitioner. Both informations were similarly worded. The difference is that in Criminal Case No. 22128, the bouncing check is Metro Bank Check No. CLN 094244392 dated August 26, 1990 in the amount of P241,668.00. The informations read: 9

    Criminal Case No. 22127 —

    "The undersigned Prosecutor I of the City of Cebu, accuses ROSA LIM for VIOLATION OF BATAS PAMBANSA BILANG 22 committed as follows:jgc:chanrobles.com.ph

    "That on or about the 20th day of August, 1990, and for sometime subsequent thereto, in the City of Cebu Philippines, and within the jurisdiction of this Honorable Court, the said accused, knowing at the time of issue of the check she does not have sufficient funds in the drawee bank for the payment of such check in full upon its presentment, with deliberate intent, with intent of gain and of causing damage, did then and there issue, make or draw Metro Bank Check NO. 1 CLN 094244391 dated August 25, 1990 in the amount of P300,000.00 payable to Maria Antonia Seguan which check was issued in payment of an obligation of said accused, but when the said check was presented with the bank the same was dishonored for reason "Account Closed" and despite notice and demands made to redeem or make good said check, said accused failed and refused, and up to the present time still fails and refuses to do so, to the damage and prejudice of said Maria Antonia Seguan in the amount of P300,000.00, Philippine Currency.chanrob1es virtua1 1aw 1ibrary

    "CONTRARY TO LAW."cralaw virtua1aw library

    Criminal Case No. 22128 —

    "The undersigned Prosecutor I of the City of Cebu, accuses ROSA LIM for VIOLATION OF BATAS PAMBANSA BILANG 22, COMMITTED AS FOLLOWS:jgc:chanrobles.com.ph

    "That on or about the 20th day of August, 1990, and for sometime subsequent thereto, in this City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, knowing at the time of issue of the check she does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, with deliberate intent, with intent of gain and of causing damage, did then and there issue, make or draw Metro Bank Check No. CLN-094244392 dated August 26, 1990 in the amount of P241,668.00 payable to Maria Antonia Seguan which check was issued in payment of an obligation of said accused but when the said check was presented with the bank, the same was dishonored for reason "Account Closed" and despite notice and demands made to redeem or make good said check, said accused failed and refused, and up to the present time still fails and refuses to do so, to the damage and prejudice of said Maria Antonia Seguan in the amount of P241,668.00, Philippine Currency.chanrob1es virtua1 1aw 1ibrary

    "CONTRARY TO LAW.

    "Cebu City, Philippines, 30 May 1991." 10

    Upon arraignment, petitioner pleaded "not guilty" in both cases.

    After due trial, on December 29, 1992, the trial court rendered a decision in the two cases convicting petitioner, to wit: 11

    "WHEREFORE, prosecution having established the guilt of the accused beyond reasonable doubt, judgment is hereby rendered convicting the accused, Rosa Lim and sentencing her in Criminal Case No. CBU-22127, to suffer the penalty of imprisonment for a period of ONE (1) YEAR and a fine of TWO HUNDRED THOUSAND (P200,000.00) PESOS and in Criminal Case No. CBO-22128, the same penalty of imprisonment for ONE YEAR and fine of TWO HUNDRED THOUSAND (P200,000.00) is likewise imposed.

    "The accused is hereby ordered to pay private complainant Maria Antonia Seguan, the sum of P541,668.00 which is the value of the jewelries bought by the accused from the latter with interest based on the legal rate to be counted from June 5, 1991, the date of the filing of the informations, or return the subject jewelries; and further to pay private complainant:jgc:chanrobles.com.ph

    "(a) The sum of P50,000.00 as moral damages in compensation for the latter’s worries with the freezing of her business capital involved in these litigated transactions;

    "(b) The sum of P10,000.00 for attorney’s fees, plus costs.

    "SO ORDERED." 12

    In due time, petitioner appealed to the Court of Appeals. 13

    On October 15, 1996, the Court of Appeals rendered a decision, dismissing the appeal in this wise:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, the appeal is DISMISSED. The decision appealed from is AFFIRMED in toto.

    "SO ORDERED." 14

    Hence, this appeal. 15

    In this appeal, petitioner argues that she never knew Seguan and much more, had any "transaction" with her. According to petitioner, she issued the two checks and gave them to Aurelia Nadera, not to Seguan. She gave the two checks to Aurelia Nadera from whom she got two sets of jewelry, as a "security arrangement" or "guarantee" that she would return the jewelry received if she would not be able to sell them. 16

    The appeal has no merit.chanrob1es virtua1 1aw 1ibrary

    The elements of B. P. Blg. 22 are: 17

    "(1) The making, drawing and issuance of any check to apply for account or for value;

    "(2) The knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and

    "(3) The subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment."cralaw virtua1aw library

    Petitioner never denied issuing the two checks. She argued that the checks were not issued to Seguan and that they had no pre-existing transaction. The checks were issued to Aurelia Nadera as mere guarantee and as a security arrangement to cover the value of jewelry she was to sell on consignment basis. 18 These defenses cannot save the day for her. The first and last elements of the offense are admittedly present. To escape liability, she must prove that the second element was absent, that is, at the time of issue of the checks, she did not know that her funds in the bank account were insufficient. She did not prove this.

    B.P. No. 22, Section 2 creates a presumption juris tantum that the second element prima facie exists when the first and third elements of the offense are present. 19 If not rebutted, it suffices to sustain a conviction. 20

    The gravamen of B. P. No. 22 is the act of making and issuing a worthless check or one that is dishonored upon its presentment for payment. And the accused failed to satisfy the amount of the check or make arrangement for its payment within five (5) banking days from notice of dishonor. 21 The act is malum prohibitum, pernicious and inimical to public welfare. 22 Laws are created to achieve a goal intended and to guide and prevent against an evil or mischief. 23 Why and to whom the check was issued is irrelevant in determining culpability. The terms and conditions surrounding the issuance of the checks are also irrelevant. 24chanrob1es virtua1 1aw 1ibrary

    Unlike in estafa, 25 under B.P. No. 22, one need not prove that the check was issued in payment of an obligation, or that there was damage. The damage done is to the banking system. 26

    In United States v. Go Chico, we ruled that in acts mala prohibita, the only inquiry is, "has the law been violated?" When dealing with acts mala prohibita 27 —

    ". . . it is not necessary that the appellant should- have acted with criminal intent. In many crimes, made such by statutory enactment, the intention of the person who commits the crime is entirely immaterial. This is necessarily so. If it were not, the statute as a deterrent influence would be substantially worthless. It would be impossible of execution. In many cases, the act complained of is itself that which produces the pernicious effect the statute seeks to avoid. In those cases the pernicious effect is produced with precisely the same force and result whether the intention of the person performing the act is good or bad."cralaw virtua1aw library

    This case is a perfect example of an act mala prohibita. Petitioner issued two checks. They were dishonored upon presentment for payment due to the fact that the account was closed. Petitioner failed to rebut the presumption that she knew her funds were insufficient at the time of issue of the checks. And she failed to pay the amount of the checks or make arrangement for its payment within five (5) banking days from receipt of notice of dishonor. B. P. No. 22 was clearly violated. Hoc quidem per quare durum est sed ita lex scripta est. The law may be exceedingly hard but so the law is written.chanrob1es virtua1 1aw 1ibrary

    However, we resolve to modify the penalty imposed on petitioner. B. P. No. 22 provides a penalty of "imprisonment of not less than thirty days but not more than one year or a fine of not less than, but not more than double, the amount of the check which fine shall in no case exceed two hundred thousand pesos, or both such fine and imprisonment at the discretion of the Court." 28

    In Vaca v. Court of Appeals, 29 we held that in determining the penalty to be imposed for violation of B.P. No. 22, the philosophy underlying the Indeterminate Sentence Law applies. The philosophy is to redeem valuable human material, and to prevent unnecessary deprivation of personal liberty and economic usefulness with due regard to the protection of the social order. There, we deleted the prison sentence imposed on petitioners. We imposed on them only a fine double the amount of the check issued. We considered the fact that petitioners brought the appeal, believing in good faith, that no violation of B.P. No. 22 was committed, "otherwise, they would have simply accepted the judgment of the trial court and applied for probation to evade prison term." 30 We do the same here. We believe such would best serve the ends of criminal justice.

    Consequently, we delete the prison sentences imposed on petitioner. The two fines imposed for each violation, each amounting to P200,000.00 are appropriate and sufficient.

    The award of moral damages and order to pay attorney’s fees are deleted for lack of sufficient basis.

    WHEREFORE, we AFFIRM with modification the decision of the Court of Appeals. 31 We find petitioner Rosa Lim guilty beyond reasonable doubt of two counts of violation of Batas Pambansa Bilang 22. We SET ASIDE the sentence of imprisonment and hereby sentence her only to pay a fine of P200,000.00 in each case, with subsidiary imprisonment in case of insolvency or non-payment not to exceed six (6) months. 32 We DELETE the award of moral damages and attorney’s fees. The rest of the judgment of the trial court as affirmed by the Court of Appeals shall stand. Costs against petitioner.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Purisima, Buena, Gonzaga-Reyes and De Leon, Jr., JJ., concur.

    Quisumbing, J., concurs in the result.

    Ynares-Santiago, is on leave.

    Endnotes:



    1. In CA-G. R. CR No. 14641, promulgated on October 15, 1996, De La Rama, J., ponente, Cui and Montenegro, JJ., concurring.

    2. In Criminal Case Nos. CBU 22127 and 22128.

    3. Bouncing Checks Law, hereinafter referred to as "B.P. 22" .

    4. Rollo, p. 94.

    5. Rollo, p. 12.

    6. Rollo, p. 89.

    7. Ibid.

    8. Rollo, p. 94.

    9. Rollo, pp. 80-81.

    10. Petition, Annex "A", Rollo, pp. 80 81.

    11. Rollo, pp. 93-94.

    12. Petition, Annex "A", Rollo, pp. 80-94.

    13. Docketed as CA-G. R CR No. 14641.

    14. Rollo, pp. 10-20.

    15. Petition for Review, Rollo, pp. 25-39.

    16. Rollo, p. 13.

    17. Francisco T. Sycip, Jr. v. Court of Appeals, G. R. No. 125059, March 17, 2000.

    18. Rollo, p. 13.

    19. B P. 22, Section 2 provides, "Sec. 2 Evidence of knowledge of insufficient funds — The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within five (5) banking days after receiving notice that such check has not been paid by the drawee.

    20. Francisco T. Sycip, Jr. v. Court of Appeals, supra, Note 17.

    21. King v. People, G R No. 131540, December 2, 1999.

    22. Francisco T. Sycip, Jr. v. Court of Appeals, supra, Note 17.

    23. Codoy v. Calugay, 312 SCRA 333, 351 (1999).

    24. Llamado v. Court of Appeals, 270 SCRA 423 (1997).

    25. People v. Hernando, G. R No. 125214, October 28, 1999.

    26. Vaca v. Court of Appeals, 298 SCRA 658 (1998).

    27. United States v. Go Chico, 14 Phil. 128, 131 (1909).

    28. Batas Pambansa Blg 22, Section 1.

    29. Vaca v. Court of Appeals, supra, Note 26.

    30. Vaca v. Court of Appeals, supra, at p. 664.

    31. In CA-G. R CR No. 14641.

    32. See Article 39, par. 2, Revised Penal Code; Diongzon v. Court of Appeals, G. R No. 114822, December 23, 1999; Llamado v. Court of Appeals, 337 Phil. 153 (1997).

    G.R. No. 130038   September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.


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