Case Digest (G.R. No. L-66003-04)
Facts:
People of the Philippines v. Hon. Herberto A. Manzanilla, G.R. Nos. 66003-04, December 11, 1987, the Supreme Court Second Division, Sarmiento, J., writing for the Court. The appeal under Republic Act No. 5440 challenged two trial-court orders dismissing prosecutions for violation of the Bouncing Checks Law (Batas Pambansa Blg. 22) against Lourdes Tan Chua and her son Johnny Tan Chua.On January 12, 1980, Lourdes Tan Chua contracted with New C. T. Glass and Aluminum General Merchandise (managed by Antonio Yu) for supplies costing P370,000. To pay, she (and her son as to one check) issued multiple postdated checks, including two Metropolitan Bank and Trust Company checks (Iloilo City Branch) dated September 30, 1980 (P10,000, signed by Johnny) and November 30, 1980 (P15,000, signed by Lourdes). Both checks were drawn and signed in Iloilo City and thereafter deposited at the Metropolitan Bank and Trust Company, Bacolod City Branch, where they were dishonored for "insufficient funds." Demands for payment were made but the respondents failed to make good the checks.
After a preliminary investigation, the City Fiscal of Bacolod filed separate informations in the Regional Trial Court (Branch XLVII), Bacolod City, for violations of Batas Blg. 22; the cases were consolidated. At initial proceedings under Judge Segundino Chua, the respondents moved to dismiss for lack of jurisdiction and were denied; trial proceeded and the prosecution rested on September 23, 1982. On June 21, 1983 the respondents renewed a motion to dismiss for lack of jurisdiction and insufficiency of evidence. With Judge Herberto A. Manzanilla presiding, the trial court on August 9, 1983 dismissed the consolidated cases for lack of jurisdiction on the ground the offenses were consummated in Iloilo City; a reconsideration motion was denied on October 18, 1983.
The People appealed to the Supreme Court pursuant to Republic Act No. 5440, challenging the dismissal of Criminal Cases Nos. RTC-...(Pro-only)
Issues:
- Did the Regional Trial Court of Bacolod have jurisdiction to try the prosecutions for violation of Batas Pambansa Blg. 22 where the informations allege the offenses were committed in Bacolod City although the checks were drawn and signed ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)