This case has been cited 4 times or more.
|
2014-10-13 |
PERLAS-BERNABE, J. |
||||
| Owing to such differences, jurisprudence in People v. Reyes[26] even instructs that the simultaneous filing of BP 22 and estafa cases do not amount to double jeopardy: While the filing of the two sets of Information under the provisions of Batas Pambansa Bilang 22 and under the provisions of the Revised Penal Code, as amended, on estafa, may refer to identical acts committed by the petitioner, the prosecution thereof cannot be limited to one offense, because a single criminal act may give rise to a multiplicity of offenses and where there is variance or differences between the elements of an offense is one law and another law as in the case at bar there will be no double jeopardy because what the rule on double jeopardy prohibits refers to identity of elements in the two (2) offenses. Otherwise stated, prosecution for the same act is not prohibited. What is forbidden is prosecution for the same offense. Hence, the mere filing of the two (2) sets of information does not itself give rise to double jeopardy.[27] | |||||
|
2013-02-20 |
MENDOZA, J. |
||||
| Although violation of Sec. 3(g) of R.A. No. 3019 and violation of Sec. 3(e) of the same law share a common element, the accused being a public officer, the latter is not inclusive of the former. The essential elements of each are not included among or do not form part of those enumerated in the other. For double jeopardy to exist, the elements of one offense should ideally encompass or include those of the other. What the rule on double jeopardy prohibits refers to identity of elements in the two offenses.[36] | |||||
|
2009-02-23 |
CARPIO, J. |
||||
| Q: And so, you are very familiar insofar of the use of checks being issued by your client, is it not? A: Yes, sir.[24] Since Daisy would not have parted with the jewelries had it not been for Luz's issuance of the subject postdated checks, the checks were clearly issued as inducement for the surrender by Daisy of the jewelries.[25] The issuance of the checks was simultaneous to the delivery of the jewelries. It was a customary practice between the parties that Luz had to issue checks as payment for the jewelries she purchased from Daisy. Daisy also testified that she accepted the checks as payment for the jewelries precisely because Luz assured her that the checks were funded and would not bounce.[26] Relying on such assurance, Daisy even negotiated some of the checks to her jewelry suppliers.[27] | |||||
|
2000-06-30 |
BELLOSILLO, J. |
||||
| The allegation of petitioner that the checks were merely intended to be shown to prospective investors of her corporation is, to say the least, not a defense. The gravamen of the offense punished under B.P. Blg. 22 is the act of making or issuing a worthless check or a check that is dishonored upon its presentment for payment. The law has made the mere act of issuing a bad check malum prohibitum, an act proscribed by the legislature for being deemed pernicious and inimical to public welfare.[33] Considering the rule in mala prohibita cases, the only inquiry is whether the law has been breached. Criminal intent becomes unnecessary where the acts are prohibited for reasons of public policy, and the defenses of good faith and absence of criminal intent are unavailing. | |||||