4 Ladonga

SUPREME COURT REPORTS ANNOTATED VOLUME 451 04/09/2020, 1)50 PM
VOL. 451, FEBRUARY 17, 2005 673

Ladonga vs. People
*
G.R. No. 141066. February 17, 2005.
EVANGELINE LADONGA, petitioner, vs. PEOPLE OF

THE PHILIPPINES, respondent.
Criminal Law; Bouncing Checks Law (B.P. Blg. 22); Article 10

of the RPC is composed of two clauses·the first providing that
offenses which in the future are made punishable under special laws
are not subject to the provisions of the RPC, while the second makes
the RPC supplementary to such laws; The first clause should be
understood to mean only that the special penal laws are controlling
with regard to offenses therein specifically punished, and the second
clause contains the soul of the article, the main idea and purpose of
the article being embodied in the provision that the „code shall be
supplementary‰ to special laws, unless the latter should specifically
provide the contrary.·Article 10 of the RPC reads as follows: ART.
10. Offenses not subject to the provisions of this Code.·Offenses
which are or in the future may be punishable under special laws are
_______________
* SECOND DIVISION.
674
674 SUPREME COURT REPORTS ANNOTATED
Ladonga vs. People
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not subject to the provisions of this Code. This Code shall be

supplementary to such laws, unless the latter should specially
provide the contrary. The article is composed of two clauses. The
first provides that offenses which in the future are made punishable
under special laws are not subject to the provisions of the RPC,
while the second makes the RPC supplementary to such laws.
While it seems that the two clauses are contradictory, a sensible
interpretation will show that they can perfectly be reconciled. The
first clause should be understood to mean only that the special
penal laws are controlling with regard to offenses therein
specifically punished. Said clause only restates the elemental rule of
statutory construction that special legal provisions prevail over
general ones. Lex specialis derogant generali. In fact, the clause can
be considered as a superfluity, and could have been eliminated
altogether. The second clause contains the soul of the article. The
main idea and purpose of the article is embodied in the provision
that the „code shall be supplementary‰ to special laws, unless the
latter should specifically provide the contrary.
Same; Same; Conspiracy; In the absence of contrary provision in
B.P. Blg. 22, the general provisions of the RPC which, by their
nature, are necessarily applicable, may be applied suppletorily,
including the provisions on conspiracy.·B.P. Blg. 22 does not
expressly proscribe the suppletory application of the provisions of
the RPC. Thus, in the absence of contrary provision in B.P. Blg. 22,
the general provisions of the RPC which, by their nature, are
necessarily applicable, may be applied suppletorily. Indeed, in the
recent case of Yu vs. People, the Court applied suppletorily the
provisions on subsidiary imprisonment under Article 39 of the RPC
to B.P. Blg. 22. The suppletory application of the principle of
conspiracy in this case is analogous to the application of the
provision on principals under Article 17 in U.S. vs. Ponte. For once
conspiracy or action in concert to achieve a criminal design is
shown, the act of one is the act of all the conspirators, and the
precise extent or modality of participation of each of them becomes
secondary, since all the conspirators are principals.
Same; Same; Same; To be held guilty as a co-principal by
reason of conspiracy, the accused must be shown to have performed
an overt act in pursuance or furtherance of the complicity; Mere
presence when the check was issued does not necessarily lead to an
inference of
675
VOL. 451, FEBRUARY 17, 2005 675
Ladonga vs. People
concurrence with the criminal design to issue a bad check.·Article 8

of the RPC provides that „a conspiracy exists when two or more
persons come to an agreement concerning the commission of a
felony and decide to commit it.‰ To be held guilty as a co-principal
by reason of conspiracy, the accused must be shown to have
performed an overt act in pursuance or furtherance of the
complicity. The overt act or acts of the accused may consist of active
participation in the actual commission of the crime itself or may
consist of moral assistance to his co-conspirators by moving them to
execute or implement the criminal plan. In the present case, the
prosecution failed to prove that petitioner performed any overt act
in furtherance of the alleged conspiracy. As testified to by the lone
prosecution witness, complainant Alfredo Oculam, petitioner was
merely present when her husband, Adronico, signed the check
subject of Criminal Case No. 7068. With respect to Criminal Case
Nos. 7069-7070, Oculam also did not describe the details of
petitionerÊs participation. He did not specify the nature of
petitionerÊs involvement in the commission of the crime, either by a
direct act of participation, a direct inducement of her co-conspirator,
or cooperating in the commission of the offense by another act
without which it would not have been accomplished. Apparently, the
only semblance of overt act that may be attributed to petitioner is
that she was present when the first check was issued. However, this
inference cannot be stretched to mean concurrence with the
criminal design.
Same; Same; Same; Even knowledge, acquiescence in or
agreement to cooperate, is not enough to constitute one as a party to
a conspiracy, absent any active participation in the commission of
the crime with a view to the furtherance of the common design and
purpose.·Conspiracy must be established, not by conjectures, but
by positive and conclusive evidence. Conspiracy transcends mere
companionship and mere presence at the scene of the crime does not
in itself amount to conspiracy. Even knowledge, acquiescence in or
agreement to cooperate, is not enough to constitute one as a party to

a conspiracy, absent any active participation in the commission of
the crime with a view to the furtherance of the common design and
purpose.
PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.
676

Ladonga vs. People
Singco & Cagara Law Offices for petitioner.

The Solicitor General for the People.
AUSTRIA-MARTINEZ, J.:
Petitioner1 Evangeline Ladonga seeks a review of the

Decision, dated May 17, 1999, of the Court of Appeals in
CA-G.R. CR No. 20443, affirming the Decision dated
August 24, 1996, of the Regional Trial Court (RTC), Branch
3 of Bohol, in Criminal Case Nos. 7068, 7069 and 7070
convicting her of violation of B.P. Blg. 22, otherwise known
as The Bouncing Checks Law.
The factual background of the case is as follows:
On March 27, 1991, three Informations for violation of
B.P. Blg. 22 were filed with the RTC, docketed as Criminal
Case Nos. 7068-7070. The Information in Criminal Case
No. 7068 alleges as follows:
„That, sometime in May or June 1990, in the City of Tagbilaran,

Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, conspiring, confederating, and mutually
helping with one another, knowing fully well that they did not have
sufficient funds deposited with the United Coconut Planters Bank
(UCPB), Tagbilaran Branch, did then and there willfully,
unlawfully, and feloniously, draw and issue UCPB Check No.
284743 postdated July 7, 1990 in the amount of NINE THOUSAND
SEVENTY-FIVE PESOS AND FIFTY-FIVE CENTAVOS
(P9,075.55), payable to Alfredo Oculam, and thereafter, without
informing the latter that they did not have sufficient funds
deposited with the bank to cover up the amount of the check, did
then and there willfully, unlawfully and feloniously pass on,
indorse, give and deliver the said check to Alfredo Oculam by way of
rediscounting of the aforementioned checks; however, upon
presentation of the check to the drawee bank for encashment, the
same was dishonored for the
_______________
1 Penned by Justice Buenaventura J. Guerrero (now retired) and concurred

in by Justices Portia Aliño-Hormachuelos and Eloy R. Bello (now retired).
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Ladonga vs. People
reason that the account of the accused with the United Coconut
Planters Bank, Tagbilaran Branch, had already been closed, to the
damage and prejudice of the said Alfredo Oculam in the aforestated
amount.
Acts committed contrary to the provisions of Batas Pambansa
2
Bilang 22.‰
The accusatory portions of the Informations in Criminal

Case Nos. 7069 and 7070 are similarly worded, except for
the allegations concerning the number, date and amount of
each check, that is:
(a) Criminal Case No. 7069·UCPB Check No. 284744 3

dated July 22, 1990 in the amount of P12,730.00;
(b) Criminal Case No. 7070·UCPB Check No. 106136 4
dated July 22, 1990 in the amount of P8,496.55.
The cases were consolidated and jointly tried. When

arraigned on June 26, 1991,5 the two accused pleaded not
guilty to the crimes charged.
The prosecution presented as its lone witness
complainant Alfredo6
Oculam. He testified that: in 1989,
spouses Adronico and Evangeline Ladonga became his
regular customers in his pawnshop business in Tagbilaran
7
City, Bohol; sometime in May 1990, the Ladonga spouses
obtained a P9,075.55 loan from him, guaranteed by United
Coconut Planters Bank (UCPB) Check No. 284743, 8
post
dated to dated July 7, 1990 issued by Adronico; sometime
in the last week of April 1990 and during the first week of
May 1990, the Ladonga spouses
_______________
2 Original Records, pp. 1-2.

3 Id., p. 3.
4 Id., p. 5.
5 Id., pp. 29-31.
6 Also known as Ronie.
7 TSN of December 3, 1991, Testimony of Alfredo Oculam, pp. 4-7.
8 Id., pp. 16-21.
678

Ladonga vs. People
obtained an additional loan of P12,730.00, guaranteed by

UCPB Check No. 284744,
9
post dated to dated July 26, 1990
issued by Adronico; between May and June 1990, the
Ladonga spouses obtained a third loan in the amount of
P8,496.55, guaranteed by UCPB Check No. 106136,10
post
dated to July 22, 1990 issued by Adronico; the three
checks bounced
11
upon presentment for the reason „CLOSED
ACCOUNT;‰ when the Ladonga spouses failed to redeem
the check, despite repeated
12
demands, he filed a criminal
complaint against them.
While admitting that the checks issued by Adronico
bounced because there was no sufficient deposit or the
account was closed, the Ladonga spouses claimed that the
checks were issued only to guarantee the obligation, with
an agreement that13Oculam should not encash the checks
when they mature; and, that petitioner is not a signatory
of the checks
14
and had no participation in the issuance
thereof.
On August 24, 1996, the RTC rendered a joint decision
finding the Ladonga spouses guilty beyond reasonable

doubt
_______________
9 TSN of December 4, 1991, Testimony of Alfredo Oculam, pp. 2-3.

10 TSN of January 28, 1992, Testimony of Alfredo Oculam, pp. 1-2.
11 TSN of December 3, 1991, Testimony of Alfredo Oculam, p. 19; TSN
of December 4, 1991, Testimony of Alfredo Oculam, pp. 1 and 3; TSN of
January 28, 1992, Testimony of Alfredo Oculam, p. 1; Original Records,
p. 128.
12 TSN of December 4, 1991, Testimony of Alfredo Oculam, pp. 2 and 4;
TSN of January 28, 1992, Testimony of Alfredo Oculam, p. 2; Original
Records, p. 125.
13 TSN of August 23, 1993, Testimony of Evangeline Ladonga, pp. 7-8,
11-12 and 15; TSN of December 20, 1993, Testimony of Adronico
Ladonga, p. 18.
14 TSN of August 23, 1993, Testimony of Evangeline Ladonga, p. 10;
TSN of December 20, 1993, Testimony of Adronico Ladonga, pp. 24-26.
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Ladonga vs. People
of violating B.P. Blg. 22, the dispositive portion of which

reads:
„Premises considered, this Court hereby renders judgment finding

accused Adronico Ladonga, alias Ronie, and Evangeline Ladonga
guilty beyond reasonable doubt in the aforesaid three (3) criminal
cases, for which they stand charged before this Court, and
accordingly, sentences them to imprisonment and fine, as follows:
1. In Criminal Case No. 7068, for (sic) an imprisonment of one

(1) year for each of them, and a fine in the amount of
P9,075.55, equivalent to the amount of UCPB Check No.
284743;
2. In Criminal Case No. 7069, for (sic) an imprisonment for
each of them to one (1) year and a fine of P12, 730.00,
equivalent to the amount of UCPB Check No. 284744; and,
3. In Criminal Case No. 7070, with (sic) an imprisonment of
one year for each of them and a fine of P8,496.55 equivalent

to the amount of UCPB Check No. 106136;
4. That both accused are further ordered to jointly and
solidarily pay and reimburse the complainant, Mr. Alfredo
Oculam, the sum of P15,000.00 representing actual
expenses incurred in prosecuting the instant cases;
P10,000.00 as attorneyÊs fee; and the amount of P30,302.10
which is the total value of the three (3) subject checks which
bounced; but without subsidiary imprisonment in case of
insolvency.
With Costs against the accused.

15
SO ORDERED.‰
16
Adronico applied for probation which was granted. On the
other hand, petitioner brought the case to the Court of
Appeals, arguing that the RTC erred in finding her
criminally liable for conspiring with her husband as the
principle of conspiracy is inapplicable to B.P. Blg. 22 which
is a special law; moreover, she is not a signatory of 17the
checks and had no participation in the issuance thereof.
_______________
15 Original Records, p. 124.

16 Id., p. 126.
17 Court of Appeals (CA) Rollo, p. 28.
680

Ladonga vs. People
On May 17, 1999, the 18

Court of Appeals affirmed the
conviction of petitioner. It held that the provisions of the
penal code were made applicable to special penal 19
laws in
the decisions
20
of this Court in21 People vs. Parel, U.S. vs.
Ponte, and U.S. vs. Bruhez. It noted that Article 10 of
the Revised Penal Code itself provides that its provisions
shall be supplementary to special laws unless the latter
provide the contrary. The Court of Appeals stressed that
since B.P. Blg. 22 does not prohibit the applicability in a
suppletory character of the provisions of the Revised Penal

Code (RPC), the principle of conspiracy may be applied to
cases involving violations of B.P. Blg. 22. Lastly, it ruled
that the fact that petitioner did not make and issue or sign
the checks did not exculpate her from criminal liability as
it is not indispensable that a co-conspirator takes a direct
part in every act and knows the part which everyone
performed. The Court of Appeals underscored that in
conspiracy the act of one conspirator could be held to be the
act of the other.
Petitioner sought reconsideration of the decision but the
Court of Appeals denied
22
the same in a Resolution dated
November 16, 1999.
Hence, the present petition.
Petitioner presents to the Court the following issues for
resolution:
1. WHETHER OR NOT THE PETITIONER WHO WAS NOT

THE DRAWER OR ISSUER OF THE THREE CHECKS
THAT BOUNCED BUT HER CO-ACCUSED HUSBAND
UNDER THE LATTERÊS ACCOUNT COULD BE HELD
LIABLE FOR VIOLATIONS OF BATAS PAMBANSA
BILANG 22 AS CONSPIRATOR.
_______________
18 Rollo, p. 133.
19 No. 18260, January 27, 1923, 44 Phil. 437.
20 No. 5952, October 24, 1911, 20 Phil. 379.
21 No. 9268, November 4, 1914, 28 Phil. 305.
22 Rollo, p. 39.
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Ladonga vs. People
2. ANCILLARY TO THE MAIN ISSUE ARE THE FOLLOWING

ISSUES:
A. WHETHER OR NOT CONSPIRACY IS APPLICABLE IN

VIOLATIONS OF BATAS PAMBANSA BILANG 22 BY INVOKING THE
LAST SENTENCE OF ARTICLE 10 OF THE REVISED PENAL CODE

WHICH STATES:
Art. 10. Offenses not subject of the provisions of this Code.·Offenses which are
or in the future may be punished under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.
B. WHETHER OR NOT THE CASES CITED BY THE HONORABLE

COURT OF APPEALS IN AFFIRMING IN TOTO THE CONVICTION
OF PETITIONER AS CONSPIRATOR APPLYING THE SUPPLETORY
CHARACTER OF THE REVISED PENAL CODE TO SPECIAL LAWS
23
LIKE B.P. BLG. 22 IS APPLICABLE.
Petitioner staunchly insists that she cannot be held

criminally liable for violation of B.P. Blg. 22 because she
had no participation in the drawing and issuance of the
three checks subject of the three criminal cases, a fact
proven by the checks themselves. She contends that the
Court of Appeals gravely erred in applying the principle of
conspiracy, as defined under the RPC, to violations of B.P.
Blg. 22. She posits that the application of the principle of
conspiracy would enlarge the scope of the statute and
include situations not provided for or intended by the
lawmakers, such as penalizing a person, like petitioner,
who had no participation in the drawing or issuance of
checks.
The Office of the Solicitor General disagrees with
petitioner and echoes the declaration of the Court of
Appeals that some provisions of the Revised Penal Code,
especially with the addition of the second sentence in
Article 10, are applicable to
_______________
23 Rollo, pp. 69-70.
682

Ladonga vs. People
special laws. It submits that B.P. Blg. 22 does not provide
any prohibition regarding the applicability in a suppletory

character of the provisions of the Revised Penal Code to it.
Article 10 of the RPC reads as follows:
ART. 10. Offenses not subject to the provisions of this Code.·

Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This Code
shall be supplementary to such laws, unless the latter should
specially provide the contrary.
The article is composed of two clauses. The first provides

that offenses which in the future are made punishable
under special laws are not subject to the provisions of the
RPC, while the second makes the RPC supplementary to
such laws. While it seems that the two clauses are
contradictory, a sensible interpretation will show that they
can perfectly be reconciled.
The first clause should be understood to mean only that
the special penal laws are controlling with regard to
offenses therein specifically punished. Said clause only
restates the elemental rule of statutory construction24 that
special legal provisions prevail over general ones. Lex
specialis derogant generali. In fact, the clause can be
considered as a superfluity, and could have been eliminated
altogether. The second clause contains the soul of the
article. The main idea and purpose of the article is
embodied in the provision that the „code shall be
supplementary‰ to special laws, unless the latter should
specifically provide the contrary.
The25 appellate courtÊs26reliance on the cases 27of People vs.
Parel, U.S. vs. Ponte, and U.S. vs. Bruhez rests on a
firm
_______________
24 Bayan (Bagong Alyansang Makabayan) vs. Zamora, G.R. No.

138570, October 10, 2000, 342 SCRA 449, 483.
25 Note No. 19, supra.
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Ladonga vs. People
basis. These cases involved the suppletory application of

principles under the then Penal Code to special laws.
People
28
vs. Parel is concerned with the application of Article
22 of the Code to violations of Act No. 3030, the Election
Law, with reference to the retroactive effect of penal laws if
they favor the accused.29 U.S. vs. Ponte involved the
application of Article 17 of the same Penal Code, with
reference to the participation of principals in the
commission of the crime of misappropriation of public
funds as defined and penalized30
by Act No. 1740. U.S. vs.
Bruhez covered Article 45 of the same Code, with
reference to the confiscation of the instruments used in
violation of Act No. 1461, the Opium Law.
B.P. Blg. 22 does not expressly proscribe the suppletory
application of the provisions of the RPC. Thus, in the
absence
_______________
28 ART. 22. Retroactive effect of penal laws.·Penal laws shall have a

retroactive effect insofar as they favor the person guilty of a felony, who
is not a habitual criminal, as this term is defined in Rule 5 of Article 62
of this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.
29 ART. 17. Principals.·The following are considered principals:
1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another
act without which it would not have been accomplished.
30 ART. 45. Confiscation and forfeiture of the proceeds or instruments

of the crime.·Every penalty imposed for the commission of a felony shall
carry with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be the property of a
third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.
684

Ladonga vs. People
of contrary provision in B.P. Blg. 22, the general provisions

of the RPC which, by their nature, are necessarily
applicable, may be applied suppletorily.
31
Indeed, in the
recent case of Yu vs. People, the Court applied
suppletorily the32 provisions on subsidiary imprisonment
under Article 39 of the RPC to B.P. Blg. 22.
The suppletory application of the principle of conspiracy
in this case is analogous to the application of the provision
on principals under Article 17 in U.S. vs. Ponte. For once
conspiracy or action in concert to achieve a criminal design
is
_______________
31 G.R. No. 134172, September 20, 2004, 438 SCRA 431.

32 ART. 39. Subsidiary penalty.·If the convict has no property with
which to meet the fine mentioned in paragraph 3 of the next preceding
article, he shall be subject to a subsidiary personal liability at the rate of
one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto

and fine, he shall remain under confinement until his fine
referred in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term of
the sentence, and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted against the
prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall
have been prosecuted for a grave or less grave felony, and shall
not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision
correccional no subsidiary imprisonment shall be imposed upon
the culprit.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in the

preceding rules, shall continue to suffer the same deprivation as
those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from the
fine in case his financial circumstances should improve.
685
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Ladonga vs. People
shown, the act of one is the act of all the conspirators, and
the precise extent or modality of participation of each of
them becomes33
secondary, since all the conspirators are
principals.
All these notwithstanding, the conviction of the
petitioner must be set aside.
Article 8 of the RPC provides that „a conspiracy exists
when two or more persons come to an agreement
concerning the commission of a felony and decide to commit
it.‰ To be held guilty as a co-principal by reason of
conspiracy, the accused must be shown to have performed 34
an overt act in pursuance or furtherance of the complicity.
The overt act or acts of the accused may consist of active
participation in the actual commission of the crime itself or
may consist of moral assistance to his co-conspirators35by
moving them to execute or implement the criminal plan.
In the present case, the prosecution failed to prove that
petitioner performed any overt act in furtherance of the
alleged conspiracy. As testified to by the lone prosecution
witness, complainant Alfredo Oculam, petitioner was
merely present when her husband, Adronico, 36
signed the
check subject of Criminal Case No. 7068. With respect to
Criminal Case Nos. 7069-7070, Oculam also did not
describe the details of petitionerÊs participation. He did not
specify the nature of peti-
_______________
33 People vs. Felipe, G.R. No. 142505, December 11, 2003, 418 SCRA
146, 176; People vs. Julianda, Jr., G.R. No. 128886, November 23, 2001,
370 SCRA 448, 469; People vs. Quinicio, G.R. No. 142430, September 13,
2001, 365 SCRA 252, 266.
34 People vs. Pickrell, G.R. No. 120409, October 23, 2003, 414 SCRA 19,
33; People vs. Bisda, G.R. No. 140895, July 17, 2003, 406 SCRA 454, 473;
People vs. Pagalasan, G.R. Nos. 131926 & 138991, June 18, 2003, 404
SCRA 275, 291.
35 People vs. Caballero, G.R. Nos. 149028-30, April 2, 2003, 400 SCRA
424, 437; People vs. Ponce, G.R. No. 126254, September 29, 2000, 341
SCRA 352, 359-360.
36 TSN of December 3, 1991, Testimony of Alfredo Oculam, p. 20.
686

Ladonga vs. People
tionerÊs involvement in the commission of the crime, either

by a direct act of participation, a direct inducement of her
co-conspirator, or cooperating in the commission of the
offense by another act without which it would not have
been accomplished. Apparently, the only semblance of overt
act that may be attributed to petitioner is that she was
present when the first check was issued. However, this
inference cannot be stretched to mean concurrence with the
criminal design.
Conspiracy must be established, not by conjectures,
37
but
by positive and conclusive evidence. Conspiracy
transcends mere companionship and mere presence at the 38
scene of the crime does not in itself amount to conspiracy.
Even knowledge, acquiescence in or agreement to
cooperate, is not enough to constitute one as a party to a
conspiracy, absent any active participation in the
commission of the crime with a 39view to the furtherance of
the common design and purpose.
As the Court eloquently 40pronounced in a case of recent
vintage, People vs. Mandao:
To be sure, conspiracy is not a harmless innuendo to be taken

lightly or accepted at every turn. It is a legal concept that imputes
culpability under specific circumstances; as such, it must be
established as clearly as any element of the crime. Evidence to
prove it must be positive and convincing, considering that it is a

convenient and simplistic device by which the accused may be
ensnared and kept within the penal fold.
_______________
37 People vs. Tamayo, G.R. No. 138608, September 24, 2002, SCRA
540, 553; People vs. Melencion, G.R. No. 121902, March 26, 2001, 355
SCRA 113, 123.
38 People vs. Leaño, G.R. No. 138886, October 9, 2001, 366 SCRA 774;
People vs. Compo, G.R. No. 112990, May 28, 2001, 358 SCRA 266, 272.
39 People vs. Natividad, G.R. No. 151072, September 23, 2003, 411
SCRA 587, 595.
40 People vs. Mandao, G.R. No. 135048, December 3, 2002, 393 SCRA
292.
687
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Ladonga vs. People
Criminal liability cannot be based on a general allegation of

conspiracy, and a judgment of conviction must always be founded on
the strength of the prosecutionÊs evidence. The Court ruled thus in
People v. Legaspi, from which we quote:
At most, the prosecution, realizing the weakness of its evidence against

accused-appellant Franco, merely relied and pegged the latterÊs criminal
liability on its sweeping theory of conspiracy, which to us, was not
attendant in the commission of the crime.
The rule is firmly entrenched that a judgment of conviction must be
predicated on the strength of the evidence for the prosecution and not on
the weakness of the evidence for the defense. The proof against him must
survive the test of reason; the strongest suspicion must not be permitted
to sway judgment. The conscience must be satisfied that on the defense
could be laid the responsibility for the offense charged; that not only did
he perpetrate the act but that it amounted to a crime. What is required
then is moral certainty.
Verily, it is the role of the prosecution to prove the guilt of the
appellant beyond reasonable doubt in order to overcome the
constitutional presumption of innocence.
In sum, conviction must rest on hard evidence showing that the

accused is guilty beyond reasonable doubt of the crime charged. In
criminal cases, moral certainty·not mere possibility·determines
the guilt or the innocence of the accused. Even when the evidence
for the defense is weak, the accused must be acquitted when the
prosecution has not proven guilt with the requisite quantum of
41
proof required in all criminal cases. (Citations omitted)
All told, the prosecution failed to establish the guilt of the

petitioner with moral certainty. Its evidence falls short of
the quantum of proof required for conviction. Accordingly,
the constitutional presumption of the petitionerÊs innocence
must be upheld and she must be acquitted.
WHEREFORE, the instant petition is GRANTED. The
assailed Decision, dated May 17, 1999, of the Court of
Appeals
_______________
41 Id., pp. 304-305.
688

Ladonga vs. People
in CA-G.R. CR No. 20443 affirming the Decision, dated

August 24, 1996, of the Regional Trial Court (Branch 3),
Bohol, in Criminal Case Nos. 7068, 7069 and 7070
convicting the petitioner of violation of B.P. Blg. 22 is
hereby REVERSED and SET ASIDE. Petitioner
Evangeline Ladonga is ACQUITTED of the charges against
her under B.P. Blg. 22 for failure of the prosecution to
prove her guilt beyond reasonable doubt. No
pronouncement as to costs.
SO ORDERED.
Puno (Chairman), Callejo, Sr., Tinga and Chico-

Nazario, JJ., concur.
Petition granted, assailed decision reversed and set
aside. Petitioner acquitted.
Notes.·Foreign checks, provided they are drawn and

issued in the Philippines though payable outside thereof,
are within the coverage of the Bouncing Checks Law. (De
Villa vs. Court of Appeals, 195 SCRA 722 [1991])
Lack of involvement in the negotiation for the
transaction is not a defense to a treasurer of the
corporation who signed the check in his capacity as an
officer of the corporation. (Llamado vs. Court of Appeals,
270 SCRA 423 [1997])
··o0o··
689
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SUPREME COURT REPORTS ANNOTATED VOLUME 451 04/09/2020, 1)50 PM

VOL. 451, FEBRUARY 17, 2005 673

EVANGELINE LADONGA, petitioner, vs. PEOPLE OF

Criminal Law; Bouncing Checks Law (B.P. Blg. 22); Article 10

674 SUPREME COURT REPORTS ANNOTATED

Ladonga vs. People

not subject to the provisions of this Code. This Code shall be

VOL. 451, FEBRUARY 17, 2005 675

Ladonga vs. People

concurrence with the criminal design to issue a bad check.·Article 8

agreement to cooperate, is not enough to constitute one as a party to

PETITION for review on certiorari of a decision of the

The facts are stated in the opinion of the Court.

676 SUPREME COURT REPORTS ANNOTATED

Singco & Cagara Law Offices for petitioner.

Petitioner1 Evangeline Ladonga seeks a review of the

„That, sometime in May or June 1990, in the City of Tagbilaran,

1 Penned by Justice Buenaventura J. Guerrero (now retired) and concurred

VOL. 451, FEBRUARY 17, 2005 677

The accusatory portions of the Informations in Criminal

(a) Criminal Case No. 7069·UCPB Check No. 284744 3

The cases were consolidated and jointly tried. When

2 Original Records, pp. 1-2.

678 SUPREME COURT REPORTS ANNOTATED

obtained an additional loan of P12,730.00, guaranteed by

finding the Ladonga spouses guilty beyond reasonable

9 TSN of December 4, 1991, Testimony of Alfredo Oculam, pp. 2-3.

VOL. 451, FEBRUARY 17, 2005 679

of violating B.P. Blg. 22, the dispositive portion of which

„Premises considered, this Court hereby renders judgment finding

1. In Criminal Case No. 7068, for (sic) an imprisonment of one

one year for each of them and a fine of P8,496.55 equivalent

With Costs against the accused.

15 Original Records, p. 124.

680 SUPREME COURT REPORTS ANNOTATED

On May 17, 1999, the 18

suppletory character of the provisions of the Revised Penal

1. WHETHER OR NOT THE PETITIONER WHO WAS NOT

VOL. 451, FEBRUARY 17, 2005 681

2. ANCILLARY TO THE MAIN ISSUE ARE THE FOLLOWING

A. WHETHER OR NOT CONSPIRACY IS APPLICABLE IN

LAST SENTENCE OF ARTICLE 10 OF THE REVISED PENAL CODE

B. WHETHER OR NOT THE CASES CITED BY THE HONORABLE

Petitioner staunchly insists that she cannot be held

23 Rollo, pp. 69-70.

682 SUPREME COURT REPORTS ANNOTATED

special laws. It submits that B.P. Blg. 22 does not provide

any prohibition regarding the applicability in a suppletory

ART. 10. Offenses not subject to the provisions of this Code.·

The article is composed of two clauses. The first provides

24 Bayan (Bagong Alyansang Makabayan) vs. Zamora, G.R. No.

VOL. 451, FEBRUARY 17, 2005 683

basis. These cases involved the suppletory application of

28 ART. 22. Retroactive effect of penal laws.·Penal laws shall have a

1. Those who take a direct part in the execution of the act;

30 ART. 45. Confiscation and forfeiture of the proceeds or instruments

684 SUPREME COURT REPORTS ANNOTATED