EN BANC
[G.R. No. 130038. September 18, 2000.]
ROSA LIM, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
DECISION
PARDO, J.:
The case is an appeal from the decision 1 of the Court of Appeals affirming in toto
that of the Regional Trial Court, Cebu City. 2 Both courts found petitioner Rosa Lim
guilty of twice violating Batas Pambansa Bilang 22 3 and imposing on her two
one-year imprisonment for each of the two violations and ordered her to pay two fines,
each amounting to two hundred thousand pesos (P200,000.00). The trial court also
ordered petitioner to return to Maria Antonia Seguan, the jewelry received or its value
with interest, to pay moral damages, attorney’s fees and costs. 4
We state the relevant facts. 5
On August 25, 1990, petitioner called Maria Antonia Seguan by phone. Petitioner
thereafter went to Seguan’s store. She bought various kinds of jewelry —
Singaporean necklaces, bracelets and rings worth P300,000.00. She wrote out a check
dated August 25, 1990, payable to "cash" drawn on Metrobank in the amount of
P300,000.00 6 and gave the check to Seguan.chanrob1es virtua1 1aw 1ibrary
On August 26, 1990, petitioner again went to Seguan’s store and purchased jewelry
valued at P241,668.00. Petitioner issued another check payable to "cash" dated
August 16, 1990 drawn on Metrobank in the amount of P241,668.00, 7 and sent the
check to Seguan through a certain Aurelia Nadera.
Seguan deposited the two checks with her bank. The checks were returned with a
notice of dishonor. Petitioner’s account in the bank from which the checks were
drawn was closed.
Upon demand, petitioner promised to pay Seguan the amounts of the two dishonored
checks. She never did.
On June 5, 1991, 8 an Assistant City Prosecutor of Cebu filed with the Regional Trial
Court, Cebu City, Branch 23 two informations against petitioner. Both informations
were similarly worded. The difference is that in Criminal Case No. 22128, the
bouncing check is Metro Bank Check No. CLN 094244392 dated August 26, 1990 in
the amount of P241,668.00. The informations read: 9
Criminal Case No. 22127 —
"The undersigned Prosecutor I of the City of Cebu, accuses ROSA LIM for
VIOLATION OF BATAS PAMBANSA BILANG 22 committed as
follows:jgc:chanrobles.com.ph
"That on or about the 20th day of August, 1990, and for sometime subsequent thereto,
in the City of Cebu Philippines, and within the jurisdiction of this Honorable Court,
the said accused, knowing at the time of issue of the check she does not have
sufficient funds in the drawee bank for the payment of such check in full upon its
presentment, with deliberate intent, with intent of gain and of causing damage, did
then and there issue, make or draw Metro Bank Check NO. 1 CLN 094244391 dated
August 25, 1990 in the amount of P300,000.00 payable to Maria Antonia Seguan
which check was issued in payment of an obligation of said accused, but when the
said check was presented with the bank the same was dishonored for reason "Account
Closed" and despite notice and demands made to redeem or make good said check,
said accused failed and refused, and up to the present time still fails and refuses to do
so, to the damage and prejudice of said Maria Antonia Seguan in the amount of
P300,000.00, Philippine Currency.chanrob1es virtua1 1aw 1ibrary
"CONTRARY TO LAW."cralvirtua1aw library
Criminal Case No. 22128 —
"The undersigned Prosecutor I of the City of Cebu, accuses ROSA LIM for
VIOLATION OF BATAS PAMBANSA BILANG 22, COMMITTED AS
FOLLOWS:jgc:chanrobles.com.ph
"That on or about the 20th day of August, 1990, and for sometime subsequent thereto,
in this City of Cebu, Philippines, and within the jurisdiction of this Honorable Court,
the said accused, knowing at the time of issue of the check she does not have
sufficient funds in or credit with the drawee bank for the payment of such check in
full upon its presentment, with deliberate intent, with intent of gain and of causing
damage, did then and there issue, make or draw Metro Bank Check No.
CLN-094244392 dated August 26, 1990 in the amount of P241,668.00 payable to
Maria Antonia Seguan which check was issued in payment of an obligation of said
accused but when the said check was presented with the bank, the same was
dishonored for reason "Account Closed" and despite notice and demands made to
redeem or make good said check, said accused failed and refused, and up to the
present time still fails and refuses to do so, to the damage and prejudice of said Maria
Antonia Seguan in the amount of P241,668.00, Philippine Currency.chanrob1es
virtua1 1aw 1ibrary
"CONTRARY TO LAW.
"Cebu City, Philippines, 30 May 1991." 10
Upon arraignment, petitioner pleaded "not guilty" in both cases.
After due trial, on December 29, 1992, the trial court rendered a decision in the two
cases convicting petitioner, to wit: 11
"WHEREFORE, prosecution having established the guilt of the accused beyond
reasonable doubt, judgment is hereby rendered convicting the accused, Rosa Lim and
sentencing her in Criminal Case No. CBU-22127, to suffer the penalty of
imprisonment for a period of ONE (1) YEAR and a fine of TWO HUNDRED
THOUSAND (P200,000.00) PESOS and in Criminal Case No. CBO-22128, the same
penalty of imprisonment for ONE YEAR and fine of TWO HUNDRED THOUSAND
(P200,000.00) is likewise imposed.
"The accused is hereby ordered to pay private complainant Maria Antonia Seguan, the
sum of P541,668.00 which is the value of the jewelries bought by the accused from
the latter with interest based on the legal rate to be counted from June 5, 1991, the
date of the filing of the informations, or return the subject jewelries; and further to pay
private complainant:jgc:chanrobles.com.ph
"(a) The sum of P50,000.00 as moral damages in compensation for the latter’s worries
with the freezing of her business capital involved in these litigated transactions;
"(b) The sum of P10,000.00 for attorney’s fees, plus costs.
"SO ORDERED." 12
In due time, petitioner appealed to the Court of Appeals. 13
On October 15, 1996, the Court of Appeals rendered a decision, dismissing the appeal
in this wise:jgc:chanrobles.com.ph
"WHEREFORE, premises considered, the appeal is DISMISSED. The decision
appealed from is AFFIRMED in toto.
"SO ORDERED." 14
Hence, this appeal. 15
In this appeal, petitioner argues that she never knew Seguan and much more, had any
"transaction" with her. According to petitioner, she issued the two checks and gave
them to Aurelia Nadera, not to Seguan. She gave the two checks to Aurelia Nadera
from whom she got two sets of jewelry, as a "security arrangement" or "guarantee"
that she would return the jewelry received if she would not be able to sell them. 16
The appeal has no merit.chanrob1es virtua1 1aw 1ibrary
The elements of B. P. Blg. 22 are: 17
"(1) The making, drawing and issuance of any check to apply for 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 such
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."cralaw virtua1aw library
Petitioner never denied issuing the two checks. She argued that the checks were not
issued to Seguan and that they had no pre-existing transaction. The checks were
issued to Aurelia Nadera as mere guarantee and as a security arrangement to cover the
value of jewelry she was to sell on consignment basis. 18 These defenses cannot save
the day for her. The first and last elements of the offense are admittedly present. To
escape liability, she must prove that the second element was absent, that is, at the time
of issue of the checks, she did not know that her funds in the bank account were
insufficient. She did not prove this.
B.P. No. 22, Section 2 creates a presumption juris tantum that the second element
prima facie exists when the first and third elements of the offense are present. 19 If
not rebutted, it suffices to sustain a conviction. 20
The gravamen of B. P. No. 22 is the act of making and issuing a worthless check or
one that is dishonored upon its presentment for payment. And the accused failed to
satisfy the amount of the check or make arrangement for its payment within five (5)
banking days from notice of dishonor. 21 The act is malum prohibitum, pernicious
and inimical to public welfare. 22 Laws are created to achieve a goal intended and to
guide and prevent against an evil or mischief. 23 Why and to whom the check was
issued is irrelevant in determining culpability. The terms and conditions surrounding
the issuance of the checks are also irrelevant. 24chanrob1es virtua1 1aw 1ibrary
Unlike in estafa, 25 under B.P. No. 22, one need not prove that the check was issued
in payment of an obligation, or that there was damage. The damage done is to the
banking system. 26
In United States v. Go Chico, we ruled that in acts mala prohibita, the only inquiry is,
"has the law been violated?" When dealing with acts mala prohibita 27 —
". . . it is not necessary that the appellant should- have acted with criminal intent. In
many crimes, made such by statutory enactment, the intention of the person who
commits the crime is entirely immaterial. This is necessarily so. If it were not, the
statute as a deterrent influence would be substantially worthless. It would be
impossible of execution. In many cases, the act complained of is itself that which
produces the pernicious effect the statute seeks to avoid. In those cases the pernicious
effect is produced with precisely the same force and result whether the intention of the
person performing the act is good or bad."cralaw virtua1aw library
This case is a perfect example of an act mala prohibita. Petitioner issued two checks.
They were dishonored upon presentment for payment due to the fact that the account
was closed. Petitioner failed to rebut the presumption that she knew her funds were
insufficient at the time of issue of the checks. And she failed to pay the amount of the
checks or make arrangement for its payment within five (5) banking days from receipt
of notice of dishonor. B. P. No. 22 was clearly violated. Hoc quidem per quare durum
est sed ita lex scripta est. The law may be exceedingly hard but so the law is
written.chanrob1es virtua1 1aw 1ibrary
However, we resolve to modify the penalty imposed on petitioner. B. P. No. 22
provides a penalty of "imprisonment of not less than thirty days but not more than one
year or 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." 28
In Vaca v. Court of Appeals, 29 we held that in determining the penalty to be imposed
for violation of B.P. No. 22, the philosophy underlying the Indeterminate Sentence
Law applies. The philosophy is to redeem valuable human material, and to prevent
unnecessary deprivation of personal liberty and economic usefulness with due regard
to the protection of the social order. There, we deleted the prison sentence imposed on
petitioners. We imposed on them only a fine double the amount of the check issued.
We considered the fact that petitioners brought the appeal, believing in good faith,
that no violation of B.P. No. 22 was committed, "otherwise, they would have simply
accepted the judgment of the trial court and applied for probation to evade prison
term." 30 We do the same here. We believe such would best serve the ends of
criminal justice.
Consequently, we delete the prison sentences imposed on petitioner. The two fines
imposed for each violation, each amounting to P200,000.00 are appropriate and
sufficient.
The award of moral damages and order to pay attorney’s fees are deleted for lack of
sufficient basis.
WHEREFORE, we AFFIRM with modification the decision of the Court of Appeals.
31 We find petitioner Rosa Lim guilty beyond reasonable doubt of two counts of
violation of Batas Pambansa Bilang 22. We SET ASIDE the sentence of
imprisonment and hereby sentence her only to pay a fine of P200,000.00 in each case,
with subsidiary imprisonment in case of insolvency or non-payment not to exceed six
(6) months. 32 We DELETE the award of moral damages and attorney’s fees. The
rest of the judgment of the trial court as affirmed by the Court of Appeals shall stand.
Costs against petitioner.chanrob1es virtua1 1aw 1ibrary
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban,
Purisima, Buena, Gonzaga-Reyes and De Leon, Jr., JJ., concur.
Quisumbing, J., concurs in the result.
Ynares-Santiago, is on leave.
