This case has been cited 5 times or more.
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2012-04-25 |
PEREZ, J. |
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| Lest it be misunderstood, we reiterate that this Court's finding of probable cause is grounded on fraud committed through deceit which surrounded Gilbert Guy, et al. transaction with AUB, thus, violating Article 315 (2) (a) of the Revised Penal Code; it is neither their act of borrowing money and not paying them, nor their denial thereof, but their very act of deceiving AUB in order for the latter to part with its money. As early as the Penal Code of Spain, which was enforced in the Philippines as early as 1887 until it was replaced by the Revised Penal Code in 1932, the act of fraud through false pretenses or similar deceit was already being punished. Article 335 of the Penal Code of Spain punished a person who defrauded another "by falsely pretending to possess any power, influence, qualification, property, credit, agency or business, or by means of similar deceit."[35] | |||||
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2010-07-05 |
MENDOZA, J. |
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| BP 22 or the Bouncing Checks Law was enacted for the specific purpose of addressing the problem of the continued issuance and circulation of unfunded checks by irresponsible persons. To stem the harm caused by these bouncing checks to the community, BP 22 considers the mere act of issuing an unfunded check as an offense not only against property but also against public order.[7] The purpose of BP 22 in declaring the mere issuance of a bouncing check as malum prohibitum is to punish the offender in order to deter him and others from committing the offense, to isolate him from society, to reform and rehabilitate him, and to maintain social order.[8] The penalty is stiff. BP 22 imposes the penalty of imprisonment for at least 30 days or a fine of up to double the amount of the check or both imprisonment and fine. | |||||
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2008-08-26 |
AZCUNA, J. |
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| Whereas, the gravamen of the offense punished by B.P. Blg. 22 is the act of making and issuing a worthless check; that is, a check that is dishonored upon its presentation for payment.[41] It is designed to prevent damage to trade, commerce, and banking caused by worthless checks. In Lozano v. Martinez,[42] this Court declared that it is not the nonpayment of an obligation which the law punishes. The law is not intended or designed to coerce a debtor to pay his debt. The thrust of the law is to prohibit, under pain of penal sanctions, the making and circulation of worthless checks. Because of its deleterious effects on the public interest, the practice is proscribed by the law. The law punishes the act not as an offense against property, but an offense against public order. The prime purpose of the criminal action is to punish the offender in order to deter him and others from committing the same or similar offense, to isolate him from society, to reform and rehabilitate him or, in general, to maintain social order.[43] Hence, the criminal prosecution is designed to promote the public welfare by punishing offenders and deterring others. | |||||
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2001-07-06 |
BELLOSILLO, J. |
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| The ninety (90)-day period is not among these elements. Section 2 of BP 22 is clear that a dishonored check presented within the ninety (90)-day period creates a prima facie presumption of knowledge of insufficiency of funds, which is an essential element of the offense. Since knowledge involves a state of mind difficult to establish, the statute itself creates a prima facie presumption of the existence of this element from the fact of drawing, issuing or making a check, the payment of which was subsequently refused for insufficiency of funds.[21] The term prima facie evidence denotes evidence which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish the facts, or to counterbalance the presumption of innocence to warrant a conviction.[22] | |||||
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2000-06-30 |
BELLOSILLO, J. |
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| After a thorough review of the records we find petitioner's conviction for violations of B.P. Blg. 22 well-founded. B.P. Blg. 22 was purposely enacted to prevent the proliferation of worthless checks in the mainstream of daily business and to avert not only the undermining of the banking system of the country but also the infliction of damage and injury upon trade and commerce occasioned by the indiscriminate issuances of such checks. By its very nature, the offenses defined under B.P. Blg. 22 are against public interest. Thus in Lozano v. Martinez[26] we held - | |||||