Title
Ching vs. Nicdao
Case
G.R. No. 141181
Decision Date
Apr 27, 2007
Chinese national Samson Ching accused Clarita Nicdao of issuing 11 dishonored checks totaling P20.95M. Despite Nicdao's acquittal, Ching sought civil liability. SC ruled no liability, citing stolen checks and lack of evidence.

Case Digest (G.R. No. 141181)
Expanded Legal Reasoning Model

Facts:

  • Background and Complaint
    • On October 21, 1997, Samson Ching (petitioner) filed eleven (11) criminal complaints under BP 22 against Clarita Nicdao (respondent) for issuance of dishonored checks totaling ₱20,950,000.
    • Checks were originally undated and blank as to payee and amount; respondent allegedly signed them as security for loans from October 1995 to 1997.
  • Trial Proceedings
    • Prosecution Evidence
      • Petitioner Ching testified he lent respondent incremental sums up to ₱20,000,000 and secured repayment with blank checks, later dated October 6, 1997, then dishonored for “DAIF.”
      • Bank teller Imelda Yandoc confirmed the eleven checks were stamped “DAIF” and that respondent’s account had insufficient funds (₱300 balance).
    • Defense Evidence
      • Respondent Nicdao denied indebtedness to Ching, stating she borrowed only ₱2,100,000 from Emma Nuguid (petitioner’s partner), fully paid by a ₱1,200,000 demand draft and daily cash payments noted on cigarette wrappers (₱5,780,000 total).
      • Salesladies Melanie Tolentino and Jocelyn Nicdao corroborated that respondent’s pre-signed checks were stored in a cash box, filled out by them under Nuguid’s instruction, and one large check (₱20,000,000) had been missing since 1995.
  • Case Disposition in Lower Courts
    • MCTC (Dec. 8, 1998): Convicted respondent on all eleven counts; ordered her to pay ₱20,950,000 plus 12% interest.
    • RTC (May 10, 1999): Affirmed MCTC convictions.
    • CA – 13th Division (Nov. 22, 1999): Reversed and acquitted respondent, finding (a) the ₱20,000,000 check was stolen and undelivered, (b) other ten checks secured loans already extinguished by full payment.

Issues:

  • Civil Liability
    • Whether respondent Nicdao remains civilly liable to pay petitioner Ching ₱20,950,000 despite acquittal.
  • Consolidation of Appellate Cases
    • Whether the CA committed reversible error by not consolidating CA-G.R. CR No. 23055 (Ching’s case) with CA-G.R. CR No. 23054 (Nuguid’s case).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.