June 2001 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 117857 June 25, 2001 - LUIS S. WONG v. COURT OF APPEALS, ET AL.:
SECOND DIVISION
[G.R. No. 117857. June 25, 2001.]
LUIS S. WONG, Petitioner, v. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, Respondents.
R E S O L U T I O N
QUISUMBING, J.:
PETITIONER Luis S. Wong, through counsel, seeks reconsideration of our decision on this case promulgated on February 2, 2001.
In that decision, following policy guidelines set forth in AC No. 12-2000, we deleted the penalty of imprisonment imposed on him below. But we ordered him to pay fines of P6,750.00, P12,820.00 and P11,000.00 respectively corresponding to twice the face value of three checks involved in Criminal Cases Nos. CBU-12057, 12058, and 12055; as well as civil indemnity in the amount of P18,025.00, in connection with his conviction for violation of the Bouncing Checks Law (BP Blg. 22).chanrob1es virtua1 1aw 1ibrary
In his motion for reconsideration now before us, he avers, inter alia, that the amount of civil indemnity imposed is erroneous. He states that:jgc:chanrobles.com.ph
"The error in the statement of the amount of civil indemnity is quite obviously caused by the inadvertent addition of the three checks issued by petitioner which were the subject of another case where he had long ago been acquitted. This acquittal is duly noted by this Honorable Court in footnote 5 of page 3 of its Decision. The error, though the product of inadvertence, is error nonetheless. And it must be corrected, with all due respect." (Motion for Reconsideration, p. 2.)
FINDING his motion for reconsideration meritorious but only with respect to the prayer for recomputation of civil indemnity to be imposed, we now set the amount thereof to only P15,285.00, which is the correct sum of the face value of the three checks involved in the present case.
ACCORDINGLY, the dispositive portion of our Decision in this case is hereby amended to read as follows:jgc:chanrobles.com.ph
"WHEREFORE, the petition is DENIED. Petitioner Luis S. Wong is found liable for violation of Batas Pambansa Blg. 22 but the penalty imposed on him is hereby MODIFIED so that the sentence of imprisonment is deleted. Petitioner is ORDERED to pay a FINE of (1) P6,750.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12057, (2) P12,820.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12058, and (3) P11,000.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12055, with subsidiary imprisonment in case of insolvency to pay the aforesaid fines. Finally, as civil indemnity, petitioner is also ordered to pay to LPI the face value of said checks totaling P15,285.00 with legal interest thereon from the time of filing the criminal charges in court, as well as to pay the costs." chanrob1es virtua1 1aw 1ibrary
SO ORDERED.
Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.
In that decision, following policy guidelines set forth in AC No. 12-2000, we deleted the penalty of imprisonment imposed on him below. But we ordered him to pay fines of P6,750.00, P12,820.00 and P11,000.00 respectively corresponding to twice the face value of three checks involved in Criminal Cases Nos. CBU-12057, 12058, and 12055; as well as civil indemnity in the amount of P18,025.00, in connection with his conviction for violation of the Bouncing Checks Law (BP Blg. 22).chanrob1es virtua1 1aw 1ibrary
In his motion for reconsideration now before us, he avers, inter alia, that the amount of civil indemnity imposed is erroneous. He states that:jgc:chanrobles.com.ph
"The error in the statement of the amount of civil indemnity is quite obviously caused by the inadvertent addition of the three checks issued by petitioner which were the subject of another case where he had long ago been acquitted. This acquittal is duly noted by this Honorable Court in footnote 5 of page 3 of its Decision. The error, though the product of inadvertence, is error nonetheless. And it must be corrected, with all due respect." (Motion for Reconsideration, p. 2.)
FINDING his motion for reconsideration meritorious but only with respect to the prayer for recomputation of civil indemnity to be imposed, we now set the amount thereof to only P15,285.00, which is the correct sum of the face value of the three checks involved in the present case.
ACCORDINGLY, the dispositive portion of our Decision in this case is hereby amended to read as follows:jgc:chanrobles.com.ph
"WHEREFORE, the petition is DENIED. Petitioner Luis S. Wong is found liable for violation of Batas Pambansa Blg. 22 but the penalty imposed on him is hereby MODIFIED so that the sentence of imprisonment is deleted. Petitioner is ORDERED to pay a FINE of (1) P6,750.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12057, (2) P12,820.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12058, and (3) P11,000.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12055, with subsidiary imprisonment in case of insolvency to pay the aforesaid fines. Finally, as civil indemnity, petitioner is also ordered to pay to LPI the face value of said checks totaling P15,285.00 with legal interest thereon from the time of filing the criminal charges in court, as well as to pay the costs." chanrob1es virtua1 1aw 1ibrary
SO ORDERED.
Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.
