Case Summary (G.R. No. 151876)
Procedural History
• MTCC Branch 4, Baguio City: July 16, 1999 conviction for 13 counts of bouncing checks, sentenced to three months’ imprisonment per count and civil indemnity of ₱1,295,000.
• RTC Branch 4, Baguio City: May 23, 2000 affirmed MTCC decision; became final February 1, 2001.
• MTCC: February 2001 arrest warrant and writ of execution; denied motions for reconsideration and partial quashal of execution.
• RTC Branch 5, Baguio City: October 10–11, 2001 granted habeas corpus, ordered release and ₱100,000 fine in lieu of imprisonment.
• Supreme Court: Petition for review under Rule 45, raising purely legal questions.
Facts
Dimagiba issued 13 checks to Go that were dishonored for “account closed.” He was convicted under Batas Pambansa Blg. 22 for issuing checks without sufficient funds. Civil liability was separately enforced.
Issues Presented
- Whether RTC Branch 5 lacked jurisdiction to modify a final MTCC judgment via habeas corpus.
- Whether habeas corpus was a proper remedy to invoke SC Administrative Circular No. 12-2000’s preferred fine-only policy.
- If Circular 12-2000 applied, whether the minimum fine should have been ₱1,295,000 to ₱2,590,000, not ₱100,000.
- Whether procedural due process was violated by granting the writ without notice to the People’s representatives.
Applicable Law
• 1987 Constitution (post-1990 cases)
• BP 22 (Bouncing Checks Law): penalties include imprisonment, fine, or both
• Rule 102 (Habeas Corpus) and Rule 45 (Appeal) of the Rules of Court
• SC Administrative Circular No. 12-2000, clarified by Circular No. 13-2001
Regional Trial Court Ruling
RTC Branch 5 granted habeas corpus based on Vaca v. Court of Appeals and SC Administrative Circular No. 12-2000, finding Dimagiba a first-time offender deserving of fine only. The court noted his non-recidivist status, potential displacement of 200 employees, and satisfied civil liability.
Supreme Court’s Ruling
The petition is granted; the RTC orders are nullified, and habeas corpus is denied. The case is remanded to MTCC Branch 4 for re-arrest and completion of Dimagiba’s sentence.
Analysis on Habeas Corpus Remedy
• Habeas corpus tests the lawfulness of detention and applies post-conviction only if jurisdiction is lacking, a right is violated, or the penalty is excessive.
• Dimagiba misused habeas corpus to relitigate a final judgment, amounting to forum shopping. Proper remedy was an appeal with stay of execution, not a habeas petition.
Analysis on Administrative Circular No. 12-2000
• Circular 12-2000 establishes a non-retroactive rule of preference for fines over imprisonment when good faith or mistake of fact is shown.
• It is not a penal law and does not amend BP 22; it guides trial judges for pending or future cases only.
• A judge cannot apply it to modify a final, executory judgment.
Doctrine of Retroactivity and Equal Protection
• Only penal laws favorabl
Case Syllabus (G.R. No. 151876)
Facts of the Case
- Fernando L. Dimagiba issued thirteen (13) checks to Susan Go, which were dishonored by the drawee bank for the reason “account closed.”
- Each dishonored check formed the basis of a separate complaint for violation of Batas Pambansa Blg. 22 (BP 22), the “Bouncing Checks Law.”
- After joint trial, the Municipal Trial Court in Cities (MTCC), Branch 4, Baguio City convicted Dimagiba on July 16, 1999 of 13 counts of BP 22, sentencing him to three months’ imprisonment per count and ordering indemnification of ₱1,295,000 plus interest, attorney’s fees, and costs.
- On May 23, 2000, RTC Branch 4, Baguio City denied Dimagiba’s appeal; a Certificate of Finality was issued on February 1, 2001.
- February 14, 2001: MTCC issued Arrest Order and Writ of Execution for his sentence and civil liabilities.
- Dimagiba filed (a) Motion for Reconsideration (February 27, 2001) and (b) Motion for Partial Quashal of Writ of Execution (February 28, 2001), both denied on August 22, 2001.
Procedural Posture
- September 28, 2001: Dimagiba was arrested and began serving his sentence.
- October 9, 2001: He filed a Petition for Writ of Habeas Corpus before RTC Branch 5, Baguio City, invoking Vaca v. Court of Appeals and SC Administrative Circular No. 12-2000 as favoring imposition of fine only.
- RTC Branch 5 on October 10 and 11, 2001: Ordered Dimagiba’s immediate release, imposed ₱100,000 fine in lieu of imprisonment, and did not disturb the civil aspect.
- Petitioner Susan Go moved for reconsideration (filed October 22, 2001