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ROSA LIM v. VS.

FACTS:

The case involves an appeal from the decisions of the Regional Trial Court and the Court of Appeals, which both found the petitioner, Rosa Lim, guilty of violating Batas Pambansa Bilang 22 (Bouncing Check Law) twice. The trial court imposed a one-year imprisonment and two fines of P200,000 for each violation, and ordered Lim to return the jewelry received or its value with interest, pay moral damages, attorney's fees, and costs.

On August 25, 1990, Lim called Maria Antonia Seguan and went to her store to buy various kinds of jewelry worth P300,000. She wrote a check dated August 25, 1990, payable to "cash" and gave it to Seguan. The next day, August 26, 1990, Lim returned to Seguan's store and purchased jewelry valued at P241,668. She issued another check payable to "cash" and sent it to Seguan through Aurelia Nadera.

Seguan deposited the checks, but they were returned with a notice of dishonor because Lim's bank account was closed. Despite demands, Lim failed to pay the amounts of the dishonored checks.

On June 5, 1991, an Assistant City Prosecutor filed two informations against Lim for violation of Batas Pambansa Bilang 22. The allegations in both informations were similar, except for the check numbers and dates. Lim pleaded "not guilty" to both cases.

After a trial, the trial court convicted Lim in both cases and imposed a one-year imprisonment and fine of P200,000. The court also ordered Lim to pay Seguan the amount of P541,668, which is the value of the jewelry, with interest, and awarded moral damages.

ISSUES:

  1. Whether or not the petitioner is guilty of violating Batas Pambansa Bilang 22.

  2. Whether or not the petitioner should be ordered to pay damages, attorney's fees, and costs.

RULING:

  1. The petitioner is guilty of violating Batas Pambansa Bilang 22. Both the trial court and the Court of Appeals found sufficient evidence to establish that the petitioner knowingly issued checks without sufficient funds in the bank. Therefore, the convictions were affirmed.

  2. The petitioner is ordered to pay private complainant Maria Antonia Seguan the value of the jewelries bought, with interest based on the legal rate. Additionally, the petitioner is ordered to pay moral damages, attorney's fees, and costs.

PRINCIPLES:

  • Violation of Batas Pambansa Bilang 22 occurs when a person issues a check without sufficient funds in the bank.

  • The issuance of a dishonored check with knowledge of insufficient funds is a punishable offense.

  • The recipient of a dishonored check is entitled to payment of the amount stated in the check, with interest, as well as damages, attorney's fees, and costs.