Case Digest (G.R. No. 152881)
Facts:
In Engr. Bayani Magdayao v. People of the Philippines, G.R. No. 152881, decided on August 17, 2004 under the 1987 Constitution, the petitioner was charged with violating Batas Pambansa Blg. 22 for issuing a dishonored check. On September 30, 1991 at Dipolog City, Magdayao drew PNB Check No. 399967 for ₱600,000 in favor of private complainant Ricky Olvis. Upon presentment on October 1, 1991, the drawee bank refused payment due to “Drawn Against Insufficient Funds.” Olvis filed a criminal complaint on September 4, 1992 (I.S. No. 92-368) after repeated demands. During trial at the Regional Trial Court (RTC), Branch 8, Dipolog City, Olvis testified, the court admitted only a photocopy of the dishonored check (Exhibit “A”) and its dorsal portion (Exhibit “A-1”) because the original had been returned to Magdayao in a failed attempt to settle the debt by two replacement checks (₱400,000 and ₱200,000). Magdayao and his counsel repeatedly failed to appear for identification and cross-exaCase Digest (G.R. No. 152881)
Facts:
- Charge and underlying transaction
- On September 30, 1991, petitioner Engr. Bayani Magdayao drew and issued Philippine National Bank (PNB) Check No. 399967 payable to Ricky Olvis in the amount of ₱600,000.00 in payment of a joint-venture obligation in Ipil, Zamboanga Sibugay.
- Olvis deposited the check on October 1, 1991 with BPI-Family Bank, Dipolog Branch. The drawee bank dishonored it, stamping “Drawn Against Insufficient Funds” on its dorsal portion.
- Upon notice of dishonor, Olvis confronted Magdayao, who pleaded for time and offered to replace the check with two new checks (₱400,000.00 and ₱200,000.00). Olvis returned the original dishonored check but ultimately did not receive payment.
- Criminal proceedings in the Regional Trial Court (RTC)
- Information for violation of Batas Pambansa Blg. 22 was filed on September 16, 1993, accusing Magdayao of willfully issuing a check without sufficient funds. He pleaded not guilty at arraignment.
- When trial commenced on June 7, 1995, petitioner and counsel were absent. Prosecution presented Olvis ex parte, who identified a photocopy of PNB Check No. 399967 as Exhibit “A” and its dorsal portion as Exhibit “A-1.” The trial court admitted the photocopies after several postponements at petitioner’s instance.
- Petitioner filed multiple motions—omnibus supplemental motion, motion for reconsideration, special manifestations—arguing among others that the photocopy was inadmissible under the best evidence rule. The RTC denied all motions.
- Conviction, appeal, and petition for review
- On January 29, 1996, the RTC convicted Magdayao as principal of issuing a worthless check (B.P. 22) and sentenced him to six months of arresto mayor plus costs, ordering payment of ₱600,000.00 to Olvis.
- On December 21, 2001, the Court of Appeals (CA) in CA-G.R. CR No. 20549 affirmed the RTC decision and denied petitioner’s motion for reconsideration.
- Petitioner filed a petition for review on certiorari before the Supreme Court, reiterating claims of evidentiary insufficiency, lack of positive identification, unsupported findings, erroneous civil indemnity award, and inappropriate penalty.
Issues:
- Whether the photocopy of PNB Check No. 399967 was inadmissible secondary evidence under Rule 129, Section 1 (best evidence rule).
- Whether the prosecution failed to prove positive identification of petitioner as the drawer of the check.
- Whether the RTC’s findings of fact were insufficiently supported by evidence.
- Whether there was legal basis for ordering payment of ₱600,000.00 (civil indemnity) to the private complainant.
- Whether the penalty of imprisonment rather than fine was improperly imposed.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)