G.R. No. 144785 - Garcia vs. People

On June 20, 1995 to August 15, 1995, Yolanda Garcia allegedly defrauded Dolores S. Apolonio by inducing her to accept three postdated checks totaling ₱87,000.00 as payment for vegetables.
Apolonio filed an Information charging Garcia with estafa under Article 315, Section 2(a) of the Revised Penal Code.
The Regional Trial Court, Branch 43, Manila found Garcia guilty beyond reasonable doubt and sentenced her to suffer an indeterminate penalty of six (6) years and one (1) day to ten (10) years and one (1) day of prision mayor, indemnify Apolonio in the amount of ₱87,000.00, and pay costs.
The Court of Appeals in CA-G.R. CR No. 22771 affirmed the conviction on August 30, 2000.

For over a year, Garcia purchased assorted vegetables from Apolonio in Divisoria, Manila, paying in cash. In May 1995, she used instead three postdated checks—one dated June 20 (₱28,000.00) drawn by her husband Manuel Garcia, one dated July 25 (₱25,000.00) drawn by her nephew Jose Nadongga Jr., and one dated August 15 (₱34,000.00) drawn by her daughter Gigi Garcia.
When presented for payment, all three checks were dishonored for “Drawn Against Insufficient Funds.” Apolonio then initiated criminal proceedings for estafa.
At trial, Garcia denied issuing or drawing the checks and claimed they had already been paid by her customers.

Whether Garcia was improperly convicted under Article 315, Section 2(d) (estafa by issuing bad checks) when the Information charged her under Section 2(a) (estafa by false pretenses).
Whether the misnomer of the applicable estafa provision violated Garcia’s right to be informed of the nature and cause of the accusation.

Whether Garcia could be held criminally liable for checks she neither drew nor issued and of which she allegedly had no knowledge of insufficiency.
Whether the use of the checks in payment of a pre-existing obligation converted her liability into a civil matter only.