Rigor vs. People
Rigor vs. People
PEOPLE funds at the time he issued the check, such knowledge by the payee is
immaterial as deceit is not an essential element of the offense under Batas
450 SUPREME COURT REPORTS ANNOTATED Pambansa Bilang 22. The gravamen of the offense is the issuance of a bad
Rigor vs. People check; hence, malice and intent in the issuance thereof are inconsequential.
G.R. No. 144887. November 17, 2004.* Negotiable Instruments Law; Notice of Dishonor of a Check;The notice
ALFREDO RIGOR, petitioner, vs. PEOPLE OF THE PHILIPPINES, of dishonor of a check may be sent to the drawer or maker by the drawee bank,
respondent. the holder of the check, or the offended party either by personal delivery or by
Criminal Law; Violation of Batas Pambansa Blg. 22; Elements; The registered mail. The notice of dishonor to the maker of a check must be in
elements of the offense are: (1) making, drawing, and issuance of any check writing.—The notice of dishonor of a check may be sent to the drawer or maker
to apply on account or for value; (2) knowledge of the maker, drawer, or issuer by the
that at the time of issue he does not have sufficient funds in or credit with the 452
drawee bank for the payment of the check in full upon its presentment; and (3) 452 SUPREME COURT REPORTS ANNOTATED
subsequent dishonor of the check by the drawee bank for insufficiency of funds Rigor vs. People
or credit, or dishonor of the check for the same reason had not the drawer, drawee bank, the holder of the check, or the offended party either by
without any valid cause, ordered the bank to stop payment.—Petitioner is personal delivery or by registered mail. The notice of dishonor to the maker of
charged with violation of Section 1 of Batas Pambansa Bilang 22, a check must be in writing.
_______________ Criminal Law; Violations of B.P. Blg. 22; Continuing Crimes;Remedial
* FIRST DIVISION. Law; Jurisdiction; Violations of BP Blg. 22 are categorized as transitory or
451 continuing crimes; In such crimes, some acts material and essential to the
VOL. 442, NOVEMBER 17, 2004 451 crimes and requisite to their consummation occur in one municipality or
Rigor vs. People territory and some in another, in which event, the court of either has jurisdiction
thus: SECTION 1. Checks without sufficient funds.—Any person who to try the cases, it being understood that the first court taking cognizance of
makes or draws and issues any check to apply on account or for value, the case excludes the other.—Violations of Batas Pambansa Bilang 22 are
knowing at the time of issue that he does not have sufficient funds in or credit categorized as transitory or continuing crimes. In such crimes, some acts
with the drawee bank for the payment of such check in full upon its material and essential to the crimes and requisite to their consummation occur
presentment, which check is subsequently dishonored by the drawee bank for in one municipality or territory and some in another, in which event, the court
insufficiency of funds or credit or would have been dishonored for the same of either has jurisdiction to try the cases, it being understood that the first court
reason had not the drawer, without any valid reason, ordered the bank to stop taking cognizance of the case excludes the other. Hence, a person charged
payment, shall be punished by imprisonment of not less than thirty days but with a transitory crime may be validly tried in any municipality or territory where
not more than one (1) year or by a fine of not less than but not more than the offense was in part committed.
double the amount of the check which fine shall in no case exceed Two PETITION for review on certiorari of a decision of the Court of Appeals.
hundred thousand pesos, or both such fine and imprisonment at the discretion The facts are stated in the opinion of the Court.
of the court. The elements of the offense are: (1) Making, drawing, and Jesus A. Concepcion for petitioner.
issuance of any check to apply on account or for value; (2) knowledge of the The Solicitor General for the People.
maker, drawer, or issuer that at the time of issue he does not have sufficient AZCUNA, J.:
funds in or credit with the drawee bank for the payment of the check in full This is a petition for review on certiorari of the decision of the Court of Appeals,
upon its presentment; and (3) subsequent dishonor of the check by the drawee in CA-G.R. CR No. 18855, which affirmed the decision of the Regional Trial
bank for insufficiency of funds or credit, or dishonor of the check for the same Court of Pasig, Branch 163, in Criminal Case No. 86025, convicting petitioner
reason had not the drawer, without any valid cause, ordered the bank to stop Alfredo Rigor of violation of Batas Pambansa Blg. 22 (the Bouncing Checks
payment. Law), and imposing upon him the penalty of imprisonment for six (6) months
Same; Same; Same; Assuming arguendo that the payee had knowledge and ordering him to restitute to the Rural Bank of San Juan the sum of
that he had insufficient funds at the time he issued the check, such knowledge P500,000 and to pay the costs.
by the payee is immaterial as deceit is not an essential element of the offense 453
under B.P. Blg. 22; The gravamen of the offense is the issuance of a bad VOL. 442, NOVEMBER 17, 2004 453
check—hence malice and intent in the issuance thereof are inconsequential.— Rigor vs. People
Assuming arguendo that the payee had knowledge that he had insufficient The Information1 against petitioner reads:
Page 1 of 6
That on or about the 16th day of November 1989 in the Municipality of San one considering that he is the “kumpare” of the President of RBSJ and he is
Juan, Metro Manila, Philippines and within the jurisdiction of this Honorable well-known to all the bank’s directors since he, like them, comes from Tarlac.
Court, the above-named accused, did then and there willfully, unlawfully and Appellant failed to pay his loan upon its maturity on December 16,
feloniously make or draw and issue to Rural Bank of San Juan, Inc. thru its 1989. He personally asked de Guzman for a two-monthextension and advised
loan officer Carlos N. Garcia, a postdated check to apply on account or for RBSJ to date to February 16, 1990 his Associated Bank check no. 165476.
value the check described below: Failing anew to pay, he asked for another two-month extension or up to April
Check No. : 165476 16, 1990. Both requests de Guzman granted. On April 16, 1990, appellant still
Drawn against : Associated Bank, Tarlac Branch failed to pay his loan. Basangan and his co-employee, Carlos Garcia, went to
In the Amount of : P500,000.00 Tarlac to collect from appellant the amount of the loan. Appellant’s written
Dated : February 16, 1990 request for another 30-day extension was denied by de Guzman who instead,
Payable to : Rural Bank of San Juan sent him a formal demand letter dated April 25, 1990.
said accused well knowing that at the time of issue on 16 November 1989, On May 25, 1990, Associated Bank check no. 165476 was deposited with
he has already insufficient funds or credit with the drawee bank for the PS Bank, San Juan Branch. The check was later returned with the words
payment in full of the face amount of such check and that as of 2 February “closed account” stamped on its face. Associated Bank employee PASION
1990 his bank accounts were already closed and that check when presented declared that appellant’s Current Account No. 1022-001197-9 with Associated
for payment from and after the date thereof, was subsequently dishonored Bank had been closed since February 2, 1990. Appellant’s balance under the
for the reason “Account Closed” and despite receipt of notice of such bank’s statement of account as of November 16, 1989 was only P859.
dishonor, the accused failed to pay said payee the face amount of said check The most appellant had on his account was P40,000recorded on November
or to make arrangement for full payment thereof during the period of not less 19, 1989 (Exh. “K”).
than five (5) banking days after receiving notice. Basangan and Garcia, in Tarlac, advised appellant of the dishonor of his
When arraigned, petitioner pleaded not guilty. Thereafter, trial on the merits check. Appellant wrote Atty. Joselito Lim, RBSJ Chairman of the Board, about
ensued. the loan and arrangements as to the schedule of his payment. His letter was
The facts, as narrated by the Court of Appeals, are as follows: referred to de Guzman, who, in turn, sent to him another demand letter dated
The prosecution evidence was furnished by witnesses Edmarcos Basangan of September 17, 1990. The letter informed him of the dishonor of his check. De
Rural Bank of San Juan (RBSJ) and Esteban Pasion, employee of the Guzman
Associated Bank. It was shown that on November 16, 1989, appellant 455
(petitioner herein) applied for a commercial loan from the Rural Bank of San VOL. 442, NOVEMBER 17, 2004 455
Juan, Inc., at N. Domingo St., San Juan, Metro Manila in the sum of Rigor vs. People
P500,000.00 (Exh. “A”). required him to take the necessary step for the early settlement of his
_______________ obligation. He still refused to pay.
1 Records, p. 3.
Appellant denied the charge. He claimed that on November 16, 1989,
454 Agapito Uy and his sister Agnes Angeles proposed to him that he secure a
454 SUPREME COURT REPORTS ANNOTATED loan from the RBSJ for P500,000. P200,000 of it will be for him and the
Rigor vs. People P300,000 will go to Uy and to his sister to pay unpaid loans of borrowers in
He signed a promissory note stating that an interest of 24% per annum from their “side banking” activities. For the approval of his loan, Uy told him that
its date will be charged on the loan (Exh. “B”). The loan was approved by appellant can put up his four-door Mercedes Benz as collateral for the
RBSJ’s Bank Manager Melquecedes de Guzman and Controller Agustin Uy. P200,000 loan. The P300,000 will have no collateral. Uy also told him the he
A cashier’s check with RBSJ No. 2023424 in the amount of P487,000.00, net (Uy) has complete control of the bank and his Mercedes Benz will be enough
proceeds of the loan, was issued to appellant (Exh. “C”). Appellant endorsed, collateral for the P500,000.
then encashed the check with RBSJ Teller Eleneth Cruz, who stamped Appellant agreed to the proposal. He signed a blank loan application form
thereon the word “paid” (Exh. “C-4”). After appellant received the proceeds, and a promissory note plus a chattel mortgage for his Mercedes Benz.
he issued an undated check, Associated Bank Check No. 165476, Tarlac Thereafter, he was told to come back in two days. Uy gave him two Premiere
Branch, in the amount of P500,000, payable to RBSJ (Exh. “D”). Bank checks worth P100,000 each. He gave one check to his brother Efren
It was not the bank policy for a borrower to apply for a loan, obtain its Rigor and the other to his sister-in-law for encashment in Tarlac. He issued to
approval and its proceeds on the same day. Appellant’s case was a special Uy a personal check for P500,000 undated. This check was deposited in the
bank for encashment in the later part of May, 1990 but it bounced. When
Page 2 of 6
demand was made for him to pay his loan, he told Uy to get his Mercedes 1. 1)Absent the element of knowingly issuing a worthless check entitles
Benz as payment for P200,000 but Uy refused. Uy wanted him to pay the the petitioner to acquittal;
whole amount of P500,000.2 _______________
On July 8, 1994, the trial court rendered judgment against petitioner, the 4 Id., at pp. 185-186.
“WHEREFORE, the appealed decision is AFFIRMED with the modification that 458
the reference to lack of mitigating or aggravating circumstances should be 458 SUPREME COURT REPORTS ANNOTATED
deleted and disregarded.”5 Rigor vs. People
Hence, this petition for review on certiorari. drawee bank for the payment of the check in full upon its presentment; and (3)
Petitioner raises the following: subsequent dishonor of the check by the drawee bank for insufficiency of funds
Page 3 of 6
or credit, or dishonor of the check for the same reason had not the drawer, Assuming arguendo that the payee had knowledge that he had insufficient
without any valid cause, ordered the bank to stop payment.7 funds at the time he issued the check, such knowledge by the payee is
As found by the Regional Trial Court and the Court of Appeals, all the immaterial as deceit is not an essential element of the offense under Batas
aforementioned elements are present in this case. Pambansa Bilang 22.14 The gravamen of the offense is the issuance of a bad
The evidence shows that on November 16, 1989, petitioner applied 8 for a check; hence, malice and intent in the issuance thereof are inconsequential. 15
loan in the amount of P500,000 with the Rural Bank of San Juan and on the Moreover, the cited case of Magno v. Court of Appeals,16which resulted in
same day, he issued an undated Associated Bank Check No. 165476 9worth the acquittal of the accused therein, is inapplicable to petitioner as the facts of
P500,000 payable to Rural Bank of San Juan in connection with the loan, said case are different. In Magno, the bounced checks were issued to cover a
which check was later dated February 16, 1990.10 The check was thus issued warranty deposit in a lease contract, where the lessor-supplier was also the
to apply for value.11 This shows the presence of the first element of the offense. financier of the deposit.17 It was a modus operandi whereby the supplier of the
The presence of the second element of the offense is shown by petitioner’s goods is also able to sell or lease the same goods at the same time privately
admission12 that he knew of the insufficiency of his funds in the drawee bank financing
when he issued the check and he allegedly did not hide the fact from the _______________
officials of the Rural Bank of San Juan. 13 Supra, note 2, at pp. 35-36.
The Court of Appeals correctly ruled, thus: 14 Cruz v. Court of Appeals, 233 SCRA 301, 309 (1994).
xxx 15 Ibid.
“Knowledge involves a state of mind difficult to establish. We hold that 16 210 SCRA 471 (1992).
appellant’s admission of the insufficiency of his fund at the time he issued the 17 Ibasco v. Court of Appeals, 261 SCRA 449, 461 (1996).
in the court of the municipality or territory where the offense was committed 31 Id., at p. 416.
or where any of its essential ingredients occurred. (Emphasis supplied.) 32 TSN, September 15, 1992, pp. 19-21.
Violations of Batas Pambansa Bilang 22 are categorized as transitory or 33 TSN, November 10, 1992, p. 8.
continuing crimes.29 In such crimes, some acts material and essential to the 34 Supra, note 2, at pp. 41-43.