GR 91896; (November, 1991) (Digest)
G.R. No. 91896 November 21, 1991
AURORA T. AQUINO, petitioner, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioner Aurora Aquino was charged with illegal recruitment under Article 25 of the Labor Code for allegedly recruiting workers for employment abroad without the required license. The prosecution presented evidence that between 1973 and 1975, several individuals paid her various sums for promised jobs in Guam. When the placements failed, she issued a “group refund check” for P5,270.00, which was dishonored due to insufficient funds. The trial court convicted her, and the Court of Appeals affirmed the decision.
Aquino defended herself by claiming she was a licensed labor contractor and a representative of a foreign employer. She argued she had reimbursed the complainants by issuing the check and that the prosecution failed to present the dishonored check as evidence. She also presented affidavits of desistance from two complainants stating she had settled their claims.
ISSUE
Whether the petitioner’s issuance of a check constituted full payment of her monetary obligation to the complainants, thereby negating criminal liability for illegal recruitment.
RULING
The Supreme Court acquitted Aquino of illegal recruitment but ordered her to pay the remaining complainants. The legal logic centered on the nature of a check as payment. The Court ruled that the mere issuance of a check does not operate as payment; it is only a substitute for money and not money itself. For payment to be deemed completed, the check must be encashed and honored by the drawee bank.
The petitioner bore the burden of proving that the check had been honored to demonstrate full satisfaction of her obligation. Her failure to present evidence that the check was encashed meant she could not prove payment. However, the affidavits of desistance from two complainants, acknowledging receipt of payment, warranted the deduction of their claims from the total amount. Consequently, while criminal liability was extinguished due to the settlement with some complainants and insufficient proof of fraudulent intent for the others, her civil liability for the unpaid amounts to the remaining complainants persisted. The Court thus modified the appellate decision, ordering her to pay P4,170.00 with legal interest.