Title
Alferez vs. People
Case
G.R. No. 182301
Decision Date
Jan 31, 2011
Jaime Alferez acquitted of B.P. Blg. 22 charges due to insufficient proof of notice of dishonor, but civil liability for dishonored checks upheld.

Case Summary (G.R. No. 174730-37)

Facts of the Case

Jaime Alferez issued three checks totaling Php 830,998.40 for construction materials; however, these checks were dishonored because they were drawn against a closed bank account. Consequently, the prosecution represented by private complainant Pingping Co presented evidence indicating the dishonor and served Alferez with a demand letter for payment. Alferez filed a Demurrer to Evidence after the prosecution rested its case, claiming that the prosecution did not prove that he received the notice of dishonor.

Trial Court Proceedings

The MTCC denied Alferez's Demurrer to Evidence and found him guilty of the charges, imposing a fine and ordering payment to the complainant, along with interest. Alferez appealed the ruling to the Regional Trial Court (RTC), which upheld the MTCC’s decision but modified the penalty to include imprisonment.

Court of Appeals Ruling

Alferez subsequently appealed to the Court of Appeals (CA) via a petition for review, which was dismissed for lack of merit. The CA affirmed the lower courts' findings, declaring that Alferez's conviction was supported by sufficient evidence of the elements of the crime, including the establishment of receipt of the notice of dishonor through the registry receipt, which Alferez failed to contest in court.

Legal Issues Raised

On appeal to the Supreme Court, Alferez raised the following critical issues:

  1. Whether the registry receipt and return receipt alone were sufficient to establish that he received the notice of dishonor as mandated by B.P. Blg. 22.
  2. Whether his filing of a Demurrer to Evidence without leave of court constituted a waiver of his right to present further evidence in his defense.
  3. If guilty, whether the court should impose a fine rather than the penalty of imprisonment.

Supreme Court Evaluation of the Case

The Supreme Court found that while the elements of making and dishonoring the checks were adequately established, the prosecution failed to prove the second element regarding Alferez’s knowledge of insufficient funds beyond a reasonable doubt. The Court highlighted that the presumption of knowledge could only arise if it was demonstrated that Alferez had received the notice of dishonor.

Evidence of Knowledge of Insufficient Funds

The Court determined that the mere presentation of a registry receipt and return card without authenticated verification of Alferez's receipt of the demand letter failed to meet the burden of proof required in criminal cases. The Court ruled that before a presumption of knowledge could arise under B.P. Blg. 22, it must be proven that the notice of dishonor was actually received by the petitioner, a requirement that the prosecution did not satisfy.

Acquittal and Civil Liability

Consequently, the Supreme Court acquitted Alferez on reasonable do

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