G.R. No. 206306 - Miguel Kim vs. Slimmers World International, Albert Cuesta, and Dinah Quinto

Maria Nympha Mandagan (Petitioner) received from Jose M. Valero Corporation (hereafter JMV Corporation, Respondent) an accommodation to use JMV's corporate name and account for a car loan for her personal use.
The accommodation was extended while Mandagan was a client of company director Mrs. Rosie V. Gutierrez.
JMV Corporation agreed that upon full payment of the car by Mandagan, ownership would be transferred to her.

On July 28, 2001, JMV Corporation, through its executive Ramon Ricardo V. Gutierrez, entered into a lease-to-own arrangement with BPI Leasing Corporation for a 2001 Kia Rio sedan; BPI remained registered owner until full payment.
On July 11, 2001, JMV paid a down payment of Php87,922.00, a guarantee deposit of Php3,078.00, initial rental of Php12,796.00, and a notarial fee of Php200.00.
On July 28, 2001, JMV delivered possession and use of the Kia to Mandagan, who issued and delivered thirty-four (34) postdated checks drawn on her Equitable-PCI account, each for Php12,796.00, payable to JMV as monthly payments.

Fourteen (14) of the thirty-four checks were deposited by JMV with BPI and honored.
Eleven (11) checks were deposited on their due dates and dishonored for reasons of insufficient funds or account closed.
BPI advised JMV's Treasury Head, Ms. Marcelina Balmeo, of each dishonor; Balmeo communicated the dishonors to Mandagan and demanded payment, which Mandagan did not heed.
JMV's General Account Supervisor, Ms. Rosemarie Edora, communicated with Mandagan from April 2003, informing her of the dishonored checks and reminding her obligations.
Mandagan requested photocopies of the dishonored checks, promised to replace them with new checks, and assured she would settle the obligations by one-time payment after receipt of photocopies.
Meanwhile, JMV's checks to BPI for the car amortization were all honored.
On June 30, 2003, JMV's counsel demanded payment of the eleven dishonored checks plus 12.75% or return of the Kia, and Php119,434.67 for depreciation; Mandagan was given five (5) days to comply and failed to do so.

After preliminary investigation, the City Prosecutor of Manila found probable cause against Mandagan for eight (8) counts of violation of B.P. 22; informations were filed before the Metropolitan Trial Court (MeTC).
Charges relating to three (3) other checks were dismissed for insufficiency of evidence.

In a Decision dated December 28, 2009, the MeTC, Metropolitan Trial Court of Manila, Branch 4, convicted Mandagan of eight counts of violation of B.P. 22.
The MeTC sentenced her to pay a fine of Php25,592 plus costs for each count, with subsidiary imprisonment in case of insolvency, and ordered payment to JMV of Php102,368 with interest at 12% per annum from filing of the information until finality, and 12% thereafter until paid.

Mandagan appealed to the Regional Trial Court (RTC), Manila, Branch 10.
In a Decision dated February 15, 2011, the RTC reversed and set aside the MeTC conviction and acquitted Mandagan of the crime charged on the ground of reasonable doubt.
The RTC retained the civil liability finding and ordered Mandagan to pay JMV Php102,368 with interest at 12% per annum from filing of the information until ful...(Subscriber-Only)

Whether the Court of Appeals committed reversible error in annulling the RTC Decision dated February 15, 2011 that acquitted Maria Nympha Mandagan.

Whether the RTC committed grave abuse of discretion amounting to lack or excess of jurisdiction in acquitting Mandagan.
Whether the prosecution proved beyond reasonable doubt the requisite second element of violation of B.P. 22 (knowledge of insufficient funds), specifically by proving that a written notice of dishonor w...(Subscriber-Only)