![]() Court of Appeals, and was raffled to the Third Division of this Court. ![]() Costs against accused-appellant.Īggrieved, the accused filed before this Court a Petition for Review on Certiorari 9 questioning the 26 October 1998 Decision of the Court of Appeals. WHEREFORE, finding no reversible error therefrom, the Decision now on appeal is hereby AFFIRMED in toto. Dinglasan, handed down a Decision, 8 dismissing the appeal, thereby, affirming in toto the Decision of the RTC finding Dinglasan guilty beyond reasonable doubt of violating Batas Pambansa Blg. On 26 October 1998, the appellate court in CA-G.R. 22 and the RTC Order dated 4 September 1992, denying his Motion for Reconsideration. On 25 September 1992, Dinglasan appealed to the Court of Appeals the adverse RTC Decision dated 16 December 1991, finding him guilty of violating Batas Pambansa Blg. 22, he is hereby sentenced to suffer an imprisonment of one year and to pay a fine of Two Hundred Thousand Pesos ( P200,000.00) and, to indemnify ANTROM, INC., the sum of Five Hundred Fifteen (sic) ( P515,000.00) Pesos, at legal rate of interest from October 3, 1985, until the full amount of P515,000.0 is fully paid.ĭinglasan, thereafter, filed a Motion for Reconsideration 5 which was denied by the same court for lack of merit in an Order 6 issued on 4 September 1992. guilty beyond reasonable doubt of violating B.P. In a Decision 4 promulgated on the same date, the court a quo found him guilty beyond reasonable doubt of violating Batas Pambansa Blg. On 16 December 1991, the trial court convicted Dinglasan for having committed the crime charged. Velasco, but when said check was presented to the bank for payment, the same was dishonored and/or refused payment for reason "Drawn Against Insufficient Funds" and accused, despite repeated demands and lapse of five (5) banking days from notice thereof, failed and refused to make good the said check and/or to deposit with the drawee bank the necessary amount to cover the aforesaid check, to the damage and prejudice of the herein complainant in the aforementioned amount of P515,000.00 H0207451 dated Octoin the amount of P515,000.00 in payment of his obligation to Antrom Inc., represented by Rosanna E. That on or about the 3rd day of October, 1985, in the Municipality of Makati, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, well knowing that he has no sufficient funds in or credit with the bank, did there and then willfully, unlawfully and feloniously make out and issue Commercial Bank of Manila Check No. 22 was filed before the RTC of Makati, Branch 62, docketed as Criminal Case No. Upon presentment for payment with the drawee bank, however, the said check was dishonored for insufficiency of funds.Ĭonsequently, on 16 December 1985, an Information 3 charging Dinglasan with Violation of Batas Pambansa Blg. HO270451 with Antrom as payee, but postdated on 3 October 1985 in the amount of P515,000.00. As initial payment, Dinglasan issued a Commercial Bank (drawee bank) Check No. The latter, in turn, will issue checks to guarantee the payment of its obligations.Ī few months after a number of financing transactions were made, Elmyra's indebtedness to Antrom reached the amount of P1,476,000.58. (Antrom), also represented by its President, Antonio Garcia Jr., entered into a Memorandum of Agreement whereby the parties agreed that Antrom will extend credit accommodation in favor of Elmyra to finance its prawn business. On 17 August 1985, Elmyra Trading Corporation (Elmyra), represented by its President, Dinglasan, and Antrom, Inc. ![]() 22, otherwise known as The Bouncing Checks Law, by the Regional Trial Court (RTC) of Makati, Branch 62, in Criminal Case No. ![]() (Dinglasan) who was found guilty 2 of violating Batas Pambansa Blg. ![]() COURT OF APPEALS, ET AL., respondents.īefore this Court is a Petition for New Trial and, in the alternative, for the Reopening of the Case 1 on the ground of newly discovered evidence filed by A. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |