Case Digest (G.R. No. 167461)
Facts:
Vicky Moster v. People of the Philippines, G.R. No. 167461, February 19, 2008, the Supreme Court Second Division, Quisumbing, J., writing for the Court.Petitioner Vicky L. Moster obtained rediscounting loans from private complainant Adriana Presas in 1995 and, in payment, issued three post‑dated PhilBank checks: No. 026137 (P94,257.00) and No. 026138 (P188,514.00), both dated October 31, 1995, and No. 026124 (P84,831.00) dated December 31, 1995. Presas testified she agreed at petitioner’s request to delay depositing Check No. 026137 but later deposited Checks Nos. 026138 and 026124 (in January and March 1996 respectively), only to be notified by PhilBank that those two checks were dishonored with the stamp “Account Closed.”
Presas, through counsel, sent a demand letter dated January 14, 1997 seeking settlement of P367,602 within five days; when payment was not made she filed three Informations for violation of B.P. Blg. 22 in the Metropolitan Trial Court (MeTC), Caloocan City (Crim. Case Nos. 178240–178242). Petitioner pleaded not guilty. PhilBank’s branch manager identified the checks and produced a computer printout showing petitioner’s account had a temporary overdraft and was closed; PhilBank testified only two of the checks had been presented and dishonored.
Petitioner admitted issuing the checks and testified the checks represented payments for loans that ballooned due to interest; she said she replaced the two bounced PhilBank checks with an Asiatrust Bank check dated February 8, 1996 for P273,345 and paid Presas only P6,000 in cash. At trial Presas produced a registry receipt and registry return card for the January 14, 1997 demand letter, but the return card bore an illegible signature that was not authenticated as petitioner’s.
On December 27, 2000 the MeTC convicted petitioner of two counts of violating B.P. Blg. 22, acquitted her on the count based on Check No. 026137 (not presented to the bank), and ordered payment of P367,602 plus 12% interest from February 1996. The Regional Trial Court (RTC), Caloocan City, Branch 124, affirmed the MeTC decision in toto and denied reconsideration. On appeal the Court of Appeals in CA‑G.R. CR No. 27595 (Decision dated October 29, 2004) affirmed with modification, ordering petitioner to pay P273,345 (the value of the two PhilBank checks that were dishonored), with 12% interest from February 1996; its denial of reconsideration was dated March 16, 2005.
...(Pro-only)Issues:
- Was petitioner’s guilt for violation of B.P. Blg. 22 proven beyond reasonable doubt?
- Did the Court of Appeals err in ordering petitioner to pay P273,345 (the value of the two PhilBank checks) with 1...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)