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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
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 144142   August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 144142. August 23, 2001.]

    YOLANDA AGUIRRE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N


    KAPUNAN, J.:


    Petitioner Yolanda Aguirre filed the instant petition for review on certiorari seeking to reverse and set aside the Decision, dated November 25, 1999, of the Court of Appeals (CA) in CA-G.R. CR No. 20436 which affirmed her conviction for violation of the Batas Pambansa Blg. 22 (B.P. Blg. 22). 1 She likewise assails the Resolution, dated May 31, 2000, of the appellate court denying her motion for reconsideration.chanrob1es virtua1 1aw 1ibrary

    The Regional Trial Court, Branch 20 of Cebu City found petitioner guilty beyond reasonable doubt of violating B.P. Blg. 22 upon three separate informations filed against her. Except for the dates and the amounts involved, these informations uniformly read as follows:chanrob1es virtual 1aw library

    That on or about the 2nd day of February 1993 (CBU-32174), 4th day of February (CBU-32175), and on the 9th day of February 1996 (CBU-32176), and for sometime prior and 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 he/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 or draw BPI Family Bank Check No. 5102553 dated February 2, 1993 in the amount of P40,000.00 (CBU-32174), BPI Family Bank Check No. 5102554 dated February 4, 1993 in the amount of P50,000.[00] (CBU-32175), and BPI Family Bank Check No. 5102557 dated February 9, 1993 in the amount of P225,703.10 (CBU-32176), all payable to Dinah Wei which check was issued in payment of an obligation of said accused, but when presented with said bank, the same was dishonored for reason of "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 Dinah Wei in the amounts of P40,000.00, P50,000.00 and P225,703.10 respectively, Philippine currency.chanrob1es virtua1 1aw 1ibrary

    CONTRARY TO LAW. 2

    At her arraignment, petitioner pleaded not guilty to all the charges. Since they involved substantially similar facts, the cases were consolidated. Trial ensued. The prosecution presented Dinah Wei, the private complainant, who basically testified that she knew petitioner because she (private complainant) used to supply rice to petitioner. Some time in 1992, petitioner and private complainant had a transaction where petitioner would buy rice from private complainant in the amount of P600,000.00. The purchase price was payable by petitioner within fifteen (15) days. In payment thereof, petitioner issued to private complainant the subject checks: BPI Family Bank Check No. 5102557 (Exhibit "A"), BPI Family Bank Check No. 5102554 (Exhibit "B") and BPI Family Bank Check No. 5102553 (Exhibit "C"). 3

    When private complainant presented the checks for payment, however, they were dishonored. The back of the checks each bore the stamp "account closed" (Exhibits "A-1", "B-1" and "C-1", respectively). Private complainant immediately went to petitioner to inform her about the dishonor and demanded that she pay the amounts of the checks. Despite her promise, petitioner never paid private complainant. 4

    When it was her turn to adduce evidence, petitioner continuously moved for the postponement of the hearings. Thereafter, the trial court declared petitioner to have waived her right to present evidence in her defense. On July 15, 1996, the trial court then rendered judgment finding petitioner guilty of violating B.P. Blg. 22. The dispositive portion of the trial court’s decision reads:chanrob1es virtual 1aw library

    WHEREFORE, in view of all the foregoing premises, judgment is hereby rendered finding accused YOLANDA AGUIRRE guilty beyond reasonable doubt of the offense of violation of Batas Pambansa Bilang 22 and said accused is hereby sentence [sic] to suffer the imprisonment of separate one (1) year in CBU-32174, and another separate one (1) year imprisonment in CBU-32175 and another separate one (1) year in CBU-32176.chanrobles.com : red

    Accused is hereby ordered to pay private complainant, DINAH WEI, the following amounts:chanrob1es virtual 1aw library

    (1) The sum of P40,000.00 in CBU-32174, the sum of P50,000.00 in CBU-32175, and the sum of P225,703.10 in CBU-32176 plus legal interest of 6% per annum thereon respectively from the filing of said information until fully paid;

    (2) The sum of P5,000.00 as attorney’s fees

    SO ORDERED. 5

    Petitioner appealed her conviction to the CA. In essence, she claims that she was deprived of due process when the trial court declared that her right to present evidence as "deemed waived, forfeited and abandoned." The appellate court, however, found no merit in the appeal. The CA declared that petitioner was not deprived of due process because she was given ample opportunity to present her evidence. The CA thus affirmed petitioner’s conviction:chanrob1es virtual 1aw library

    WHEREFORE, finding no error in the decision appealed from, the same is hereby AFFIRMED in toto. 6

    Her motion for reconsideration having been denied, petitioner now comes to this Court solely alleging that:chanrob1es virtual 1aw library

    THE HONORABLE COURT OF APPEALS, 13TH DIVISION, ERRED IN AFFIRMING EN TOTO THE DECISION OF THE REGIONAL TRIAL COURT, Br. 20, CEBU CITY, IN DECLARING THE HEREIN PETITIONER TO HAVE WAIVED, FORFEITED AND ABANDONED HER RIGHT TO ADDUCE/PRESENT EVIDENCE. 7 :chanrob1es virtual 1aw library

    Petitioner’s contention does not persuade.chanrob1es virtua1 1aw 1ibrary

    Contrary to petitioner’s claim, the records show that she was given ample opportunity by the trial court to present her evidence. As found by the CA:chanrob1es virtual 1aw library

    A careful review of the records of the case evidently show that the trial court duly afforded accused-appellant her right to present evidence. The trial court in view of the absence of either appellant or her counsel granted the motions of her counsel for continuance to enable the defense to present its evidence. The prosecution rested its case as early as April 20, 1995 but accused-appellant continuously requested postponement of hearing. It was only on February 9, 1996, when the trial court was constrained to declare the right of the accused to present evidence as deemed waived, forfeited or abandoned due to the non-appearance of appellant or her counsel. Accused-appellant did not file any motion or pleading to have said order reconsidered. As aptly pointed out by the Solicitor General, if it were true that appellant wanted to present her evidence, she should have taken advantage of the ample opportunity to present, to be heard and to testify in open court with the assistance of her counsel. She cannot now claim that she was denied her right to be present and present her evidence. 8

    The essential requirements of due process in this jurisdiction are well established:chanrob1es virtual 1aw library

    (1) There must be a court or tribunal clothed with judicial authority to hear and determine the matter before it;

    (2) Jurisdiction must be lawfully acquired over the person of the defendant or property which is the subject of the proceeding;

    (3) The defendant must be given an opportunity to be heard; and

    (4) Judgment must be rendered upon lawful hearing. 9

    Applying the above test, the Court finds that petitioner in this case cannot feign denial of due process because she had been given the opportunity to present her side. 10

    The liability of petitioner for violation of B.P. Blg. 22 had been duly established by the trial court in this wise:chanrob1es virtua1 1aw 1ibrary

    After a careful and judicious study of the evidence adduced in this case, the prosecution was able to prove the guilt of the accused beyond reasonable doubt for the commission of violations of Batas Pambansa Bilang 22 in the above-entitled criminal cases. It has been duly established that accused Yolanda Aguirre issued those three (3) BPI Family Checks (marked as Exhibits "A", "B" and "C") in payment of her obligation to pay the rice which private complainant sold to her. When presented for payment all of said checks were all dishonored for reason of accounts closed as shown in the validations at the back of said checks pointing to the fact that the same were dishonored for account closed (marked as Exhibits "A-1", "B-1" and "C-1"). Despite demands from the accused by private complainant, Dinah Wei, for the former to replenish said dishonored checks, the said accused simply promised to pay her said amounts covered by those bum checks but she did not pay Dinah Wei after all.

    Clearly then the accused in issuing those checks which consequently bounced or dishonored for reason of their having accounts closed violated Batas Pambansa Bilang 22 which provides among other things:jgc:chanrobles.com.ph

    "SECTION 1. Checks without sufficient funds. — Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit . . ., shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by 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. . ." chanrob1es virtua1 1aw 1ibrary

    And the Supreme Court had ruled and held that "what the law punishes is the issuance of a bouncing check not the purpose for which it was issued nor the terms and conditions relating to its issuance. The mere act of issuing a worthless check is "malum prohibitum." (Cruz v. Court of Appeals, 233 SCRA 301). All the elements, therefore, of the violation of Batas Pambansa Blg. 22 are all present in the instant criminal cases and for which the accused is solely liable, to wit" [a] the making, drawing and issuance of any check to apply to 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] 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." (Navarro v. Court of Appeals, 234 SCRA 639).

    Significantly, petitioner does not question the foregoing findings and conclusions of the trial court. In any case, the Court finds no cogent reason to deviate from the settled rule that factual findings of the trial court are binding on the Supreme Court when supported by substantial evidence on record and carry more weight when affirmed by the appellate court, as in this case. 11

    However, there is need to modify the penalty imposed on petitioner in view of the Court’s rulings in Vaca v. Court of Appeals 12 and Lim v. People of the Philippines, 13 that:chanrob1es virtual 1aw library

    [I]t would best serve the ends of criminal justice if in applying the penalty within the range of discretion allowed by 1, par. 1, the same philosophy underlying the Indeterminate Sentence Law is observed, namely, that of redeeming valuable human material and preventing unnecessary deprivation of personal liberty and economic usefulness with due regard to the protection of the social order. 14

    Absent showing that petitioner acted in bad faith, the deletion of the penalty of imprisonment in this case is proper. The imposition of fine equivalent to the value of the subject checks is an appropriate penalty to be imposed on petitioner. Under B.P. Blg. 22 1, par. 1, the fine that may be imposed is "not less than, but not more than double, the amount of the check which fine shall in no case exceed two hundred thousand pesos." Thus, in lieu of imprisonment, petitioner shall pay the fine for each violation in the amounts of P40,000.00 (Crim. Case No. CBU-32174), P50,000.00 (Crim. Case No. CBU-32175) and P200,000.00 (Crim. Case No. 32176), respectively.

    WHEREFORE, the decision of the Court of Appeals in CA-G.R. CR No. 20436 is AFFIRMED with modification that the sentence of imprisonment is deleted. Instead, petitioner is ORDERED to pay the fine for each violation in the amounts of P40,000.00 (Crim. Case No. CBU-32174), P50,000.00 (Crim. Case No. CBU-32175) and P200,000.00 (Crim. Case No. CBU-32176), respectively.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Pardo and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Bouncing Checks Law.

    2. RTC Decision, p. 1; Rollo, p. 42.

    3. Id., at 2; Rollo, p. 43.

    4. Id.

    5. Id., at 3; Rollo, p. 44.

    6. CA Decision, p. 3; Rollo, p. 33.

    7. Petition, p. 5, Rollo, p. 25.

    8. See Note 6.

    9. People v. Sesbrio, 314 SCRA 87, 107 (1999).

    10. Amion v. Chingson, 301 SCRA 614, 624 (1999).

    11. Galang v. Court of Appeals, 324 SCRA 139, 143 (2000).

    12. 298 SCRA 656 (1998).

    13. G.R. No. 130038, September 18, 2000.

    14. See Note 12, p. 664.

    G.R. No. 144142   August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.


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