REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA
JUAN DE LA CRUZ,
Petitioner
VS CA GR SP NO 01234
B.P. BLG. 22
PEOPLE OF THE PHILIPPINES,
Respondent
x-------------------------------x
PETITION FOR REVIEW
COMES NOW, respondent-private complainant, Pepito A.
Manaloto, through the undersigned counsel, unto this Honorable Court,
most respectfully states:
PREFATORY STATEMENT
This is a petition for review filed under Rule 42 of the Revised Rules
of Court. This was originally a complaint for violation of B.P. BLG. 22
(Bouncing Checks Law) filed against petitioner Juan de la Cruz before
MTC Pasay Branch 1 which found Juan de la Cruz guilty beyond
reasonable doubt for the violation of B.P. Blg. 22. The decision of the MTC
Pasay Branch 1 was appealed before the RTC Branch 2 Pasay City. RTC
Branch 2 Pasay City then affirmed the decision of the MTC Pasay Branch 1.
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THE PARTIES
Petitioner Juan De la Cruz (Cruz) is of legal age, married, Filipino
citizen and represented by Ferrero Law offices with postal address at 187
Tiny Towers, Pasay City;
Public Respondent People of the Philippines is represented by the
Office of the Solicitor General with postal address at 134 Amorsolo Street,
Legazpi Village, Makati, Kalakhang Maynila.
Private Respondent Pepito A. Manaloto (Manaloto) is of legal age,
Single, Filipino citizen and represented by Tobleron Law offices with postal
address at 618 Big Towers, Pasay City.
TIMELINESS
Pursuant to Sec 1 Rule 42 of the Revised Rules of Court, this petition
may be filed within 15 days from notice of the denial of petitioners motion
for reconsideration which was received on January 1, 2017; hence, herein
petitioner has until January 16, 2017 within which to file this petition for
review. The petitioner has complied with the timeliness of this petition by
filing before the said deadline and upon payment of the requisite docket
fees/appeal fees. (copy of official receipts for docket and appeal fees hereto
appended as Annex A to C).
STATEMENT OF FACTS AND THE CASE
DISCUSSION
1. Pepito A. Manaloto is a Jewelry Merchant and has a shop named
Jewelers Paradise located at the 3rd Floor of the Mall of Asia Block 1
Kiosk A.
2. On June 1, 2016, Juan De la Cruz purchased 100 Abubot Jewelry
from Pepito A. Manaloto in his shop amounting to P1,000,000.00.
3. MANALOTO and CRUZ agreed that the items are to be paid in full
only upon by demand.
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4. To pay for the said Abubot Jewelry, CRUZ, issued check no. 1234
from Bank of the Philippine Islands (BPI), amounting to
P1,000,000.00 (Check is attached as Annex D).
5. On July 2, 2016, the check issued by CRUZ was dishonored by the
drawee bank, BPI, upon presentation for collection by MANALOTO.
6. Drawee bank, BPI, said that the check was dishonored because of
insufficiency of funds in the account of CRUZ. (Check is attached as
Annex D)
7. On July 5, 2016, Notice of Dishonor was sent to the office of CRUZ
in Unit 101 Hall and Oates Blg., Makati City. The said Notice was
received by her employee, Johnny Doe (Notice of Dishonor is
attached as Annex E).
8. On July 7, 10, 13, and 16, 2016, MANALOTO sent demand letters to
the office of CRUZ but to no avail. Said Letters were also received
by, Johnny Doe. (Demand letters are attached as Annex F-1 to F-4).
9. On August 1, 2016, MANALOTO filed a complaint for violation of
B.P. Blg. 22 against CRUZ before the MTC Branch 1 of Pasay.
10.On November 15, 2016, MTC Pasay Branch 1 which found CRUZ
guilty beyond reasonable doubt (the decision is attached as Annex
G). The dispositive portion is as follows:
Wherefore, JUAN DE LA CRUZ is guilty beyond
reasonable doubt for the violation of B.P. Blg. 22
otherwise known as the Bouncing Checks Law and is
sentenced to suffer 10-year imprisonment or pay
PEPITO A. MANALOTO P1,000,000.00 plus legal
interests from the date this decision becomes final.
11.On December 1, 2016, CRUZ filed for a motion for reconsideration
but was DENIED by the MTC.
12.On December 5, 2016, CRUZ appealed the decision of the MTC
Pasay Branch 1 before RTC Branch 2 of Pasay City.
13.On December 30, 2016, RTC Branch 2 Pasay City affirmed the
decision of the MTC (attached as Annex H). The dispositive portion
is as follows:
Wherefore, the decision of MTC Pasay Branch 1 is
hereby AFFIRMED. JUAN DE LA CRUZ is guilty
beyond reasonable doubt for the violation of B.P. Blg.
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22 otherwise known as the Bouncing Checks Law. He
is sentenced to suffer 10-year imprisonment or pay
PEPITO A. MANALOTO P1,000,000.00 plus legal
interests from the date this decision becomes final.
14.On December 30, 2016, CRUZ filed a Motion for Reconsideration
before the RTC but was denied on December 31, 2016.
ASSIGNMENT OF ERROR
The RTC of Pasay, Branch 2 erred in convicting the accused Juan De La
Cruz on the ground that there was lack of notice.
1. Juan De La Cruz did not receive both the Notice of Dishonor issued
by BPI and all the Demand Letters sent by Pepito A. Manaloto. Both
documents were received by a Johnny Doe, a person who is not an
employee of the petitioner and had no authority to receive such
documents in behalf of CRUZ and the company. Johnny Doe is an
employee of a different office located in the same building of
petitioners office. Hence, there was blatant mistake on the part of
MANALATO no notice to CRUZ that his checks were dishonored for
insufficiency of funds.
2. CRUZ is more than competent to pay the said amount and could
easily have rectified the matter if MANALOTO had not caused a big
mistake. There was no evil intent on his part to defraud his creditor.
This being the case, CRUZ cannot be convicted for violation of B.P. Blg.
22 Bouncing Check Law for lack of notice.
NON FORUM SHOPPING CERTIFICATE
That petitioner have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or any
tribunal or agency; and that to the best of his knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals or any
divisions, thereof or any tribunal or agency; and that if he should thereafter
learn that similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals or different divisions thereof, or any
other tribunal or agency, he undertakes to promptly inform the aforesaid
courts and such other tribunal or agency.
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PRAYERS
WHEREFORE, premises considered it is most respectfully prayed that the
MTC Decision dated November 15, 2016 and the RTC decision affirming
the decision of the MTC dated January 1, 2017 be reversed and set aside and
the case be DISMISSED.
FERRERO LAW OFFICES
187 Tiny Towers
Pasay City;
By:
ATTY. MARK REYES
IBP NO. LIFETIME NO. 111111
PTR NO. 2222 ; Jan1; Pasig
ROLL NO. 33333
MCLE NO. 4444 ; 01/01/14
Copy Furnished:
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legazpi Village,
Makati, Kalakhang Maynila.
TOBLERON LAW OFFICES
618 Big Towers
Pasay City
METROPOLITAN TRIAL COURT
Branch 1
Pasay City
REGIONAL TRIAL COURT
Branch 2
Pasay City
