VICKY MOSTER VS PEOPLE OF THE PHILIPPINES G.R. No. 167461, February 19, 2008
BP 22
BP 22
Facts:
Petitioner obtained from Presas a loan of P450,000, for which the petitioner issued as payment three postdated PhilBank checks. The three checks were all payable to cash. Presas testified she did not deposit the checks on their due dates upon petitioner’s request and assurance that they would be replaced with cash. When she could not wait any longer, Presas deposited Check Nos. 026138 and 026124 in her Westmont Bank account, only to be notified later that the checks were dishonored because the account had been closed. Presas said she did not deposit Check No. 026137 after she agreed to petitioner’s request to withhold its deposit as it had not yet been funded. After receiving notice that Check Nos. 026138 and 026124 had been dishonored, Presas immediately informed petitioner thereof and demanded payment for the value of the checks. This demand, however, went unheeded.
In a letter, Presas through counsel, demanded from petitioner the settlement of P367,602, representing the total value of the three checks, within five days from receipt. Petitioner, however, did not comply. Thus, three Informations for violation of B.P. Blg. 22 were filed against petitioner.
Issue:
Is petitioner guilty of a violation of BP 22?
Ruling:
NO. B.P. Blg. 22 punishes as malum prohibitum the mere issuance of a worthless check, provided the other elements of the offense are proved. Section 1 enumerates the elements of B.P. Blg. 22, as follows: (1) the making, drawing, and issuance of any check to apply on account or for value; (2) the 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) the 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.
Upon careful examination of the records, however, the Court found that only the first and third elements have been established by the prosecution. By her own admission, petitioner issued the three subject checks, two of which were presented to PhilBank but were dishonored and stamped for the reason “Account Closed”. Under Section 3 of B.P. Blg. 22, the introduction in evidence of the dishonored check, having the drawee’s refusal to pay stamped or written thereon, or attached thereto, with the reason therefor as aforesaid shall be prima facie evidence of the making or issuing of the said checks and the due presentment to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped or attached thereto by the drawee on such dishonored checks.
As to the second element, Section 2 of B.P. Blg. 22 creates the presumption that the issuer of the check was aware of the insufficiency of funds when he issued a check and the bank dishonored it. This presumption, however, arises only after it is proved that the issuer had received a written notice of dishonor and that, within five days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment.
Ordinarily, preponderance of evidence is sufficient to prove notice. But in criminal cases, the quantum of proof required is proof beyond reasonable doubt. In the instant case, the prosecution merely presented a copy of the demand letter allegedly sent to petitioner through registered mail and the registry return card. There was no attempt to authenticate or identify the signature on the registry return card. All that we have on record is an illegible signature on the registry receipt as evidence that someone received the letter. As to whether this signature is that of petitioner or her authorized agent remains a mystery. Receipts for registered letters and return receipts do not by themselves prove receipt; they must be properly authenticated to serve as proof of receipt of the letters, claimed to be a notice of dishonor. Unfortunately, the prosecution presented only the testimony of Presas to prove mailing and receipt of the demand letter
Ruling:
NO. B.P. Blg. 22 punishes as malum prohibitum the mere issuance of a worthless check, provided the other elements of the offense are proved. Section 1 enumerates the elements of B.P. Blg. 22, as follows: (1) the making, drawing, and issuance of any check to apply on account or for value; (2) the 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) the 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.
Upon careful examination of the records, however, the Court found that only the first and third elements have been established by the prosecution. By her own admission, petitioner issued the three subject checks, two of which were presented to PhilBank but were dishonored and stamped for the reason “Account Closed”. Under Section 3 of B.P. Blg. 22, the introduction in evidence of the dishonored check, having the drawee’s refusal to pay stamped or written thereon, or attached thereto, with the reason therefor as aforesaid shall be prima facie evidence of the making or issuing of the said checks and the due presentment to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped or attached thereto by the drawee on such dishonored checks.
As to the second element, Section 2 of B.P. Blg. 22 creates the presumption that the issuer of the check was aware of the insufficiency of funds when he issued a check and the bank dishonored it. This presumption, however, arises only after it is proved that the issuer had received a written notice of dishonor and that, within five days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment.
Ordinarily, preponderance of evidence is sufficient to prove notice. But in criminal cases, the quantum of proof required is proof beyond reasonable doubt. In the instant case, the prosecution merely presented a copy of the demand letter allegedly sent to petitioner through registered mail and the registry return card. There was no attempt to authenticate or identify the signature on the registry return card. All that we have on record is an illegible signature on the registry receipt as evidence that someone received the letter. As to whether this signature is that of petitioner or her authorized agent remains a mystery. Receipts for registered letters and return receipts do not by themselves prove receipt; they must be properly authenticated to serve as proof of receipt of the letters, claimed to be a notice of dishonor. Unfortunately, the prosecution presented only the testimony of Presas to prove mailing and receipt of the demand letter