MANUEL LIM V. COURT OF APPEALS of their issuance.

However, the CA affirmed the finding that they

were guilty
251 SCRA 408
of violation for BP 22. Motion for Reconsideration to SC.
FACTS:

Spouses Lim were charged with estafa and violations of BP22 for
allegedly purchasing goods from Linton Commercial Corporation Issue:
and issuing checks
as payment thereof. The checks when presented to the ban Whether or not the issue was within the jurisdiction of the Malabon
k were Trial Court
dishonored for insufficiency of funds or the payment for the
checks has been stopped.
Held:
HELD:
Yes. The venue of jurisdiction lies either in the RTC Caloocan or
It is settled that venue in criminal cases is a vital ingredient of Malabon Trial Court.
jurisdiction. It shall be where the crime or offense was com
mitted or any one of the essential ingredients thereof took BP 22 is a continuing crime. A person charged with a transitory
place. In determining the proper venue for these cases, the crime may be validly tried in any municipality or territory where the
following are material facts—the checks were issued at the place offense was partly committed. In determining the proper venue,
of business of Linton; they were delivered to Linton at the same the ff. must be considered. 1) 7 checks were issued to Linton in its
place; they were dishonored in Kalookan City; petitioners had place of business in Navotas. 2) The checks were delivered Linton
knowledge of the insufficiency of funds in their account. in the same place. 3) The checks were dishonored in Caloocan 4)
The Lims had knowledge
Under Section 191 of the Negotiable Instruments
Law, issue means the first delivery of the of their insufficiency of funds.
instrument complete in its form to a person who takes it as
holder. The term holder on the other hand refers to the payee or
indorsee of a bill or note who is in possession of it or the bearer Under sec 191 of the Negotiable Instruments Law:
thereof. The important place to consider in the consummation of
a negotiable instrument is the place of ISSUE = 1ST delivery of the instrument complete in form to a
delivery. Delivery is the final act essential to its consummati person who takes it as a holder
on as an obligation.
HOLDER = payee or indorsee of a bill/note who is in possession of
it or the bearer

Manuel Lim v CA

Facts:
Manuel Lim and Rosita Lim are the officers of the Rigi Bilt
Industries, Inc. (RIGI). RIGI had been transacting business with
Linton Commercial Company, Inc. The Lims ordered 100 pieces of
mild steel plates from Linton and were delivered to the Lim’s place
of business which was in Caloocan. To pay Linton, the Lims issued
a postdated check for P51,800.00. On a different date, the Lims also
ordered another 65 pcs of mild steel plates and were delivered in
the place of business. They again issued another postdated check.
On that same day, they also ordered purlins worth P241,800 which
were delivered to them on various dates. The Lims issued 7 checks
for this.
The place where the bills were written, signed or dated does not
necessarily fix or determine the place where they were executed.
It is the delivery that is important. It is the final act essential to its
consummation of an obligation. An undelivered bill is unoperative.
The issuance and delivery of the check must be to a person who
takes it as a holder.
Although Linton sent a collector who received the checks fr. The
Lims at their place of business, the checks were actually issued and
delivered to Linton in Navotas. The collector is not a holder or an
agent, he was just an employee.

When the 7 checks were presented to the drawee bank (Solidbank), *SC affirms conviction of the Lims for violation of BP 22 and the
it was dishonored because payment for the checks had been decision of CA
stopped and/or insufficiency of funds. So the Lims were charged
with 7 counts of violation of Bouncing Checks Law.

The Malabon trial court held that the Lims were guilty of estafa and
violation of BP 22. They went to CA on appeal.

The CA acquitted the Lims of estafa, on the ground that the checks
were not made in payment of an obligation contracted at the time