Professional Documents
Culture Documents
OH
vs
COURT
OF
APPEALS
GR
No.
12597
June
06,
2003
Petitioner:
Elvira
Yu
Oh
Respondent(s):
Court
of
Appeals
and
People
of
the
Philippines
FACTS:
Petitioner
purchased
pieces
of
jewelry
from
Solid
Gold
International
Traders,
Inc.
Due
to
her
failure
to
pay
the
purchase
price,
the
company
filed
civil
cases
against
her
for
specific
performance
before
the
RTC
of
Pasig.
On
September
17,
1990,
petitioner
and
Solid
Gold
through
it
general
manager,
Joaquin
Novales
III
entered
into
a
compromise
agreement
to
settle
said
civil
cases.
It
was
approved
by
the
trial
court
provided
that
petitioner
shall
issue
a
total
of
ninety-‐nine
post-‐dated
checks
in
the
amount
of
PHP
50,000.00
each,
dated
every
15th
and
30th
of
the
month
starting
October
1,
1990
and
the
balance
of
over
PHP
1million
to
be
paid
in
lump
sum
on
November
16,
1994
(the
due
date
of
the
99th
post
dated
check).
Petitioner
then
issued
ten
checks
at
Php
50,000.00
each
for
a
total
of
Php
500,000.00
drawn
against
her
account
at
the
Equitable
Banking
Corporation
(EBC).
Novales
then
deposited
each
of
the
ten
checks
on
their
respective
due
dates
to
the
company
bank
account.
However,
said
checks
were
dishonored
by
the
EBC
for
the
reason
“Account
Closed”.
Dishonor
slips
were
issued
for
each
check
that
was
returned
to
Novales.
On
October
5,
1992,
Novales
filed
10
separate
informations
before
the
RTC
of
Quezon
City
charging
the
petitioner
with
violation
of
Batas
Pambansa
Blg.
22.
Upon
arraignment,
petitioner
pleaded
not
guilty.
Nonetheless,
RTC
convicted
her
of
ten
counts
of
violation
of
BP
22.
CA
affirmed
the
decision.
ISSUES:
(1)
Whether
or
not
appellate
court
was
mistaken
in
not
granting
retroactive
effect
to
RA
7691
in
view
of
Art
22
of
the
RPC.
(2)
Whether
or
not
“notice
of
dishonor”
is
indispensable
in
this
case.
HELD:
(1)
No.
RA
7691
is
not
a
penal
law
and
therefore,
Art
22
of
the
RPC
does
not
apply
in
the
present
case.
A
penal
law
is
an
act
of
the
legislature
that
prohibits
certain
acts
and
establishes
penalties
for
its
violations.
It
also
defines
crime,
treats
of
their
nature
and
provides
for
its
punishment.
RA
7691
is
a
law
that
vests
additional
jurisdiction
on
courts,
thus,
it
is
substantive.
The
court
further
held
that
it
cannot
be
given
retroactive
effect.
(2)
Yes.
It
is
necessary
that
a
“notice
of
dishonor”
be
received
by
the
issuer
and
the
prosecution
has
the
burden
of
proving
the
fact
of
service.
It
thus
stated
in
section
2
of
BP
22.
It
is
essential
for
the
drawer
to
be
notified
of
the
dishonor
of
her
checks
so
she
could
make
arrangements
for
its
payment
within
the
period
prescribed
by
law
(5
days).
Hence,
SC
reversed
the
decision
of
the
CA
and
acquits
the
petioner.