This case has been cited 5 times or more.
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2008-08-06 |
QUISUMBING, J. |
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| This petition for review on certiorari assails the Decision[1] dated August 10, 2004 of the Court of Appeals in CA-G.R. CR No. 28464 and the Resolution[2] dated October 29, 2004, which denied petitioner's motion for reconsideration. The Court of Appeals affirmed the February 24, 2004 Decision and May 11, 2004 Order of the Regional Trial Court (RTC), Davao City, Branch 16, in Criminal Case Nos. 52633-03 and 52634-03. | |||||
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2005-03-04 |
SANDOVAL-GUTIERREZ, J. |
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| Petitioner admitted having issued the three dishonored checks for value. Her purpose was to encash them. She also admitted that at the time she issued the checks, she was aware that she had only P1,000.00 in her account with the Equitable Bank and that her BPI account was already closed. Significantly, what Batas Pambansa Blg. 22 penalizes is the issuance of a bouncing check. It is not the non-payment of an obligation which the law punishes, but the act of making and issuing a check that is dishonored upon presentment for payment.[11] The purpose for which the check was issued and the terms and conditions relating to its issuance are immaterial. What is primordial is that the issued checks were worthless and the fact of worthlessness was known to the petitioner at the time of their issuance, as in this case. This is because under Batas Pambansa Blg. 22, the mere act of issuing a worthless check is malum prohibitum.[12] | |||||
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2005-01-17 |
AUSTRIA-MARTINEZ, J. |
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| We have held that knowledge involves a state of mind difficult to establish, thus the statute itself creates a prima facie presumption that the drawer had knowledge of the insufficiency of his funds in or credit with the bank at the time of the issuance and on the check's presentment for payment if he fails to pay the amount of the check within five banking days from notice of dishonor.[38] | |||||
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2004-09-27 |
TINGA, J. |
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| At any rate, the law punishes the mere act of issuing a bouncing check, not the purpose for which it was issued nor the terms and conditions relating to its issuance.[42] B.P. 22 does not make any distinction as to whether the checks within its contemplation are issued in payment of an obligation or to merely guarantee the obligation.[43] The thrust of the law is to prohibit the making of worthless checks and putting them into circulation.[44] As this Court held in Lim v. People of the Philippines,[45] "what is primordial is that such issued checks were worthless and the fact of its worthlessness is known to the appellant at the time of their issuance, a required element under B.P. Blg. 22." | |||||
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2002-08-15 |
QUISUMBING, J. |
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| for an account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank x x x which check is subsequently dishonored x x x 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."[11] Such check falls within the ambit of B.P. 22 because 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.[12] The law does not make any distinction as to whether the checks within its contemplation are issued in payment of an obligation or merely to guarantee the said obligation. Inasmuch as the law has not made any distinction in this regard, no such distinction can be made by means | |||||