GR 130632; (September, 1999) (Digest)
G.R. No. 130632. September 28, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NATY CHUA, accused-appellant.
FACTS
Accused-appellant Naty Chua was charged in Criminal Case No. C-34417 for estafa under Article 315(2)(d) of the Revised Penal Code and in Criminal Cases Nos. C-34418 to C-34421 for violations of Batas Pambansa Blg. 22. The Regional Trial Court of Kalookan, Branch 130, found her guilty beyond reasonable doubt in all cases. The estafa charge stemmed from Naty Chua allegedly receiving P232,650.00 in cash from complainant Robert Loo Tian in October 1988 and issuing six postdated checks in exchange, which were later dishonored for “Drawn Against Insufficient Funds” or “Account Closed.” The BP 22 cases involved four specific checks (Nos. 12276355, 12276356, 12276357, and 12276358) issued to Robert Loo Tian that were dishonored for insufficient funds. During trial, the prosecution presented evidence that Naty Chua borrowed the money, issued the checks, and failed to make them good despite demands. The defense interposed denial, claiming she did not know Robert Loo Tian and did not issue the checks to him.
ISSUE
The primary issues were whether the prosecution proved beyond reasonable doubt the elements of estafa under Article 315(2)(d) and violations of Batas Pambansa Blg. 22 against accused-appellant Naty Chua.
RULING
The Supreme Court reversed the trial court’s decision in Criminal Case No. C-34417 for estafa and acquitted Naty Chua, but affirmed her conviction in Criminal Cases Nos. C-34418 to C-34421 for violations of BP 22 with modification. For estafa, the Court found that the element of deceit was not proven because the checks were issued not as a means for obtaining the loan but as a security or guarantee for its payment, and there was no evidence that Naty Chua employed false pretenses or fraudulent acts at the time of the loan. For the BP 22 violations, the Court held that all elements were present: the checks were issued, they were subsequently dishonored for insufficient funds, and Naty Chua had knowledge of the insufficiency at the time of issuance. The Court modified the penalty, ordering Naty Chua to pay the face value of the dishonored checks (totaling P205,150) with legal interest from the filing of the informations until finality of the decision and 12% per annum interest thereafter until fully paid.