Title
Nissan Gallery-Ortigas vs. Felipe
Case
G.R. No. 199067
Decision Date
Nov 11, 2013
Purificacion issued a dishonored check for her son's unpaid car debt; acquitted criminally but held civilly liable by the Supreme Court.
A

Case Digest (G.R. No. 199067)

Facts:

Nissan Gallery-Ortigas (Petitioner) filed a complaint under Batas Pambansa Blg. 22 (BP 22) against Purificacion F. Felipe (Respondent) for issuing a postdated check for P1,020,000.00 that was dishonored for STOP PAYMENT after her son, Frederick, purchased a Nissan vehicle and defaulted. The MeTC acquitted Purificacion of the criminal charge but held her civilly liable for P675,000.00; the RTC affirmed, the CA set aside the civil liability, and Nissan sought review under Rule 45.

Issues:

  • Is Purificacion F. Felipe civilly liable to Nissan Gallery-Ortigas for the issuance of the dishonored check despite her acquittal for violation of BP 22?
  • Does an acquittal in a criminal action under BP 22 preclude a corresponding civil action?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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