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Albino Co V CA
Albino Co V CA
*
G.R. No. 100776. October 28, 1993.
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* SECOND DIVISION.
445
NARVASA, C.J.:
446
1
ber 30, 1983, in the sum of P361,528.00. The check was
deposited on January 3, 1984. It was dishonored two days
later, the tersely-stated reason given by the bank being:
“CLOSED ACCOUNT.”
A criminal
2
complaint for violation of Batas Pambansa
Bilang 22 was filed by the salvage company against Albino
Co with the Regional Trial Court of Pasay City. The case
eventuated in Co’s conviction of the crime charged, and his
being sentenced to suffer a term of imprisonment of sixty
(60) days and to indemnify the salvage company in the sum
of P361,528.00.
Co appealed to the Court of Appeals. There he sought
exoneration upon the theory that it was reversible error for
the Regional Trial Court to have relied, as basis for its
verdict of conviction, on the ruling rendered on September
21, 1987
3
by this Court in Que v. People 154 SCRA 160
(1987) —i.e., that a check issued merely to guarantee the
performance of an obligation is nevertheless covered by
B.P. Blg. 22. This was because at the time of the issuance
of the check on September 1, 1983, some four (4) years prior
to the promulgation of the judgment in Que v. People on
September 21, 1987, the delivery of a “rubber” or “bouncing”
check as guarantee for an obligation was not considered a
punishable offense, an official pronouncement made in a
Circular of the Ministry of Justice. That Circular (No. 4),
dated December 15, 1981, pertinently provided as follows:
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with whom concurred Fernan, Gutierrez, Jr., Padilla, Bidin and Cortes,
JJ. In that resolution, the Court gave its “stamp of approval” on the
decision of the Court of Appeals holding inter alia that “It is now settled
that Batas Pambansa Bilang 22 applies even in cases where dishonored
checks are issued merely in the form of a deposit or a guarantee.”
447
doctrine did not amount to the passage of new law but was
merely a construction or interpretation of a pre-existing
one, i.e., BP 22, enacted on April 3, 1979.
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4 Italics supplied.
448
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449
450
“It will be noted that when appellant was appointed Secret Agent
by the Provincial Government in 1962, and Confidential Agent by
the Provincial commander in 1964, the prevailing doctrine on the
matter was that laid down by 6Us in People v. Macarandang (1959)7
and People v. Lucero (1958). Our decision in People v. Mapa,
reversing the aforesaid doctrine, came only in 1967. The sole
question in this appeal is: should appellant be acquitted on the
basis of Our rulings in Macarandang and Lucero, or should his
conviction stand in view of the complete reversal of the
Macarandang and Lucero doctrine in Mapa? ***
Decisions of this Court, although in themselves not laws, are
nevertheless evidence of what the laws mean, and this is the
reason why under Article 8 of the New Civil Code, ‘Judicial
decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system **.’ The interpretation upon
a law by this Court constitutes, in a way, a part of the law as of
the date that law was originally passed, since this Court’s
construction merely establishes the contemporaneous legislative
intent that the law thus construed intends to effectuate. The
settled rule supported by numerous authorities is a restatement
of the legal maxim ‘legis interpretatio legis vim obtinet’—the
interpretation placed upon the written law by a competent court
has the force of law. The doctrine laid down in Lucero and
Macarandang was part of the jurisprudence, hence, of the law, of
the land, at the time appellant was found in possession of the
firearm in question and when he was arraigned by the trial court.
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6 106 Phil. 713 and 103 Phil. 500, respectively, both involving prosecutions for
illegal possession of firearms, and both holding that appointment by the Provincial
Governor or Provincial Commander of a person as a “secret agent” or “confidential
agent” “sufficiently placed him in the category of a ‘peace officer’** who under
section 879 of the Revised Administrative Code is exempted from the requirements
relating to the issuance of license to possess firearm.”
7 SEE Ilagan v. People, Jan. 29, 1974, 55 SCRA 361.
451
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8 The title of the cited Monge case is Monge, et al. v. Angeles, et al., and
is reported in 101 Phil. 563 [1957], while that of the cited Tupas case is
Tupas v. Damasco, et al., reported in 132 SCRA 593 [1984].
452
“The courts below have proceeded on the theory that the Act of Congress,
having been found to be unconstitutional, was not a law; that it was
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453
“**. The decision now on appeal reflects the orthodox view that an
unconstitutional act, for that matter an executive order or a
municipal ordinance likewise suffering from that infirmity,
cannot be the source of any legal rights or duties. Nor can it
justify any official act taken under it. Its repugnancy to the
fundamental law once judicially declared results in its being to all
intents and purposes a mere scrap of paper. ***. It is
understandable why it should be so, the Constitution being
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10 And several other rulings set forth in a corresponding footnote in the text of
the decision.
11 SEE also Olaguer v. Military Commission No. 34, 150 SCRA 144 (1987)
(citing Municipality of Malabang v. Benito, 27 SCRA 533 where the question arose
as to whether the judicial nullification of an executive order creating a municipality
wiped out all the acts of the local government abolished); Tan v. Barrios, 190 SCRA
686 (1990); Drilon v. Court of Appeals, 202 SCRA 378 (1991); Union of Filipro
Employees v. Vivar, Jr., 205 SCRA 200 (1992); Peralta v. Civil Service
Commission, 212 SCRA 425.
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455
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13 SEE also Cruz v. Enrile, 160 SCRA 700 [1988] and Res. of February
26, 1991; and Drilon v. Court of Appeals, 202 SCRA 378 [1991]).
14 SEE footnote 3, supra.
15 Act No. 1696 of the Philippine Commission punishing any
456
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457
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