Thursday, April 05, 2012

Narte and Cadhit vs. CA [G.R. No. 132552]

Facts: Narte and Cadhit, the general manager and purchasing manager, respectively of Norphil Transport Corporation, issued ten (10) postdated checks to the Spouses Cabrera, as payment for the purchase of three (3) buses. However, all of these checks were dishonored for insufficient funds and for closed account. The accused subsequently promised to pay the bank, but they failed to do so even after several demands were made. As a result, they were charged with 10 counts of violation of BP No. 22 with the MeTC, which accordingly convicted them. However, only nine (9) of the ten (10) convictions were appealed to the RTC. Correspondingly, only nine (9) convictions were affirmed. Upon appeal, the accused interposed that there was no valid consideration for the issuance of the checks. The Court of Appeals sustained all nine (9) convictions. 

Issue: Whether or not the accused’s conviction be sustained despite the fact that the complainant is not the intended payee of the checks. 

Held: YES. The Court held that the clear intention of the framers of B.P. 22 is to make the mere act of issuing a worthless check malum prohibitum. The agreement surrounding the issuance of the checks need not be first looked into since the law itself provides that regardless of the intent of the parties, the mere issuance of any kind of check which is subsequently dishonored makes the person who issued the check liable. 

Finally, the Court clarified in Administrative Circular No. 13-2001 dated February 14, 2001 that there is no legal obstacle to the application of the RPC provisions on subsidiary imprisonment should only a fine be imposed and the accused be unable to pay the fine. This should finally dispel the petitioners’ importunate claim that the imposition of subsidiary imprisonment in this case is improper.

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1 comments: on "Narte and Cadhit vs. CA [G.R. No. 132552]"

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