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JAIME DICO v. CA

This case has been cited 4 times or more.

	GR No. 177438 2012-09-24	AMADA RESTERIO v. PEOPLE BERSAMIN, J.
To establish the existence of the second element, the State should present the giving of a written notice of the dishonor to the drawer, maker or issuer of the dishonored check. The rationale for this requirement is rendered in Dico v. Court of Appeals,[13] to wit: To hold a person liable under B.P. Blg. 22, the prosecution must not only establish that a check was issued and that the same was subsequently dishonored, it must further be shown that accused knew at the time of the issuance of the check that he did not have sufficient funds or credit with the drawee bank for the payment of such check in full upon its presentment.
	GR NO. 145006 2006-08-30	DAVID TAN v. PEOPLE AUSTRIA-MARTINEZ, J.
Since the prosecution failed to present evidence during trial that a written demand had been sent to and received by petitioner, the second element, that the accused had knowledge of the insufficiency of funds, had not been established. As stated in Dico v. Court of Appeals,[18] "[a] notice of dishonor received by the maker or drawer of the check is thus indispensable before a conviction can ensue. x x x. The lack of a written notice is fatal for the prosecution." Hence, petitioner's conviction for the crime of violation of B.P. Blg. 22 must be set aside.
	GR NO. 168486 2006-06-27	NOE S. ANDAYA v. PEOPLE YNARES-SANTIAGO, J.
Thus, in Alonto v. People,[37] Dico v. Court of Appeals[38] and Ongson v. People,[39] we acquitted the accused for violation of Batas Pambansa Bilang 22 ("The Bouncing Checks Law") because there was a variance between the identity and date of issuance of the check alleged in the information and the check proved by the prosecution during trial: This Court notes, however, that under the third count, the information alleged that petitioner issued a check dated May 14, 1992 whereas the documentary evidence presented and duly marked as Exhibit "I" was BPI Check No. 831258 in the amount of P25,000 dated April 5, 1992. Prosecution witness Fernando Sardes confirmed petitioner's issuance of the three BPI checks (Exhibits "G," "H," and "I"), but categorically stated that the third check (BPI Check No. 831258) was dated May 14, 1992, which was contrary to that testified to by private complainant Violeta Tizon, i.e., BPI check No. 831258 dated April 5, 1992. In view of this variance, the conviction of petitioner on the third count (Criminal Case No. Q-93-41751) cannot be sustained. It is on this ground that petitioner's fourth assignment of error is tenable, in that the prosecution's exhibit, i.e., Exhibit "I" (BPI Check No. 831258 dated April 5, 1992 in the amount of P25,000) is excluded by the law and the rules on evidence. Since the identity of the check enters into the first essential element of the offense under Section 1 of B.P. 22, that is, that a person makes, draws or issues a check on account or for value, and the date thereof involves its second element, namely, that at the time of issue the maker, drawer or issuer knew that he or she did not have sufficient funds to cover the same, there is a violation of petitioner's constitutional right to be informed of the nature of the offense charged in view of the aforesaid variance, thereby rendering the conviction for the third count fatally defective.[40] (Underscoring supplied) Similarly, in the case of Burgos v. Sandiganbayan,[41] we upheld the constitutional right of the accused to be informed of the accusation against him in a case involving a variance between the means of committing the violation of Section 3(e) of R.A. 3019 alleged in the information and the means found by the Sandiganbayan: Common and foremost among the issues raised by petitioners is the argument that the Sandiganbayan erred in convicting them on a finding of fact that was not alleged in the information. They contend that the information charged them with having allowed payment of P83,850 to Ricardo Castañeda despite being aware and knowing fully well that the surveying instruments were not actually repaired and rendered functional/operational. However, their conviction by the Sandiganbayan was based on the finding that the surveying instruments were not repaired in accordance with the specifications contained in the job orders.
	GR NO. 156169 2005-08-12	VICTOR ONGSON v. PEOPLE YNARES-SANTIAGO, J.
The elements of violation of B.P. 22 are: (1) making, drawing, and issuance of any check to apply on account or for value; (2) 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 the 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.[29]