ROBERTO CRUZ, vs. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES.
- G.R. Number: G.R. No. 108738
- Promulgated: 1994-06-17
- Ponente: Kapunan, J.
Doctrine
B.P. 22 penalizes the mere issuance of a worthless check; the statute makes no distinction between checks issued as payment and those issued as guarantee.
Knowledge of the payee about the drawer's insufficiency is immaterial; deceit, malice, or intent are not essential elements of the offense under B.P. 22.
A party who tried the case on one theory below cannot change that theory on appeal; appellate factual findings are conclusive absent being totally unsupported by the record.
Facts
Petitioner issued a check allegedly after receiving P176,000 from the complaining witness; petitioner later on appeal admitted issuing the check (but asserted it was not intended for circulation).
The central question is whether issuance of the check, knowing he lacked credit with the drawee bank, constitutes violation of B.P. 22 despite petitioner’s claim the check was merely a memorandum or guarantee.
The Court of Appeals found facts supporting conviction; the Supreme Court reviews only errors of law and finds the appellate court's factual findings conclusive absent lack of record support.
The Court observes that whether a check was issued as payment or as a guarantee is immaterial under B.P. 22; issuance of a worthless check is malum prohibitum.
Issues
Whether petitioner is liable for violation of Batas Pambansa Bilang 22 for issuing a check knowing he has no credit with the drawee bank while claiming the check was not intended for circulation or negotiation.
Ruling
The petition is dismissed and the decision of the Court of Appeals is affirmed en toto; costs against petitioner — petitioner may be convicted under B.P. 22 despite claiming the check was merely a memorandum or guarantee.
The Court will not permit a party to change theories on appeal after trial; factual findings of the appellate court stand unless totally devoid of support in the record.
Keywords
G.R. No. 108738, Batas Pambansa Bilang 22, violation of Batas Pambansa Bilang 22, check knowing he does not have credit with drawee bank, check not intended for circulation and negotiation, mere evidence or memorandum of indebtedness, Premiere Bank Check No. 057848, check dishonored for "account closed", information for violation of Batas Pambansa Bilang 22, plea of not guilty, existence of the check admitted, Current Account No. 0101-00250-5, account closed, issuance of a bouncing check, petition for review on certiorari, lack or excess of jurisdiction, check, accused, payment, drawee bank