G.R. No. 190834 - Lim vs. People

Petitioner Ariel T. Lim issued two Bank of Commerce checks, Nos. 0013813 and 0013814, dated June 30, 1998, and July 15, 1998, respectively, each amounting to ₱100,000.00, payable to "Cash".
These checks were given to Mr. Willie Castor as campaign donations for the 1998 elections. Castor then ordered the delivery of printing materials and used the checks to pay for these materials.
Castor claimed that the printing materials were delivered too late and instructed petitioner to issue a "Stop Payment" order for the two checks, leading to their dishonor by the bank due to the stop payment. The bank confirmed the checks were drawn against insufficient funds (DAIF).

Private complainant, Magna B. Badiee, sent demand letters to petitioner on May 20, 1998, and July 23, 1998, demanding payment.
After over a month since receipt of the demand letters and receipt of a subpoena from the Office of the Prosecutor, petitioner issued a replacement check dated September 8, 1998, for ₱200,000.00, which complainant successfully encashed.

On March 19, 1999, two Informations were filed against petitioner for violation of Batas Pambansa (B.P.) Blg. 22 relating to the two dishonored checks. Petitioner was accused of issuing checks knowing he had insufficient funds and then failing to pay within five banking days after notice of dishonor.
The Metropolitan Trial Court (MeTC) found petitioner guilty of two counts of violation of B.P. Blg. 22.
Upon appeal, the Regional Trial Court (RTC) modified the decision as to one Information for lack of jurisdiction but affirmed the conviction for one count, ordering petitioner to pay a fine of ₱100,000.00 plus costs. No civil liability was found because the check was paid.
The Court of Appeals (CA) affirmed the RTC judgment and dismissed petitioner’s motion for reconsideration.

Petitioner filed a petition for review on certiorari before the Supreme Court, arguing that he should be acquitted because he had fully paid the value of the dishonored checks before the filing of the case, relying on Griffith v. Court of Appeals.
The Office of the Solicitor General (OSG) recommended petitioner’s acquittal, citing applicability of the Griffith ruling.

Whether petitioner’s prior payment of the dishonored checks before the filing of the Informations precludes his criminal liability under B.P. Blg. 22.