Date of Promulgation: 26 June 1992 by issuance of check to cover Nature: Appeal by certiorari to review the warranty deposit given by decision of Court of Appeals complainant to enable drawer to Facts: import equipment financed on Petitioner was in process of putting lease-purchase agreement. Since up a car repair shop sometime in transaction did not become April 1983, but he did not have purchase when Magno failed to pay complete equipment that could rent and LS Finance pulled out make his venture workable. He equipment. No need for Magno to lacked funds to purchase continue paying warranty deposit necessary equipment. (warranty deposit is for purchase of He approached Corazon Teng, VP equipment). of Mancor Industries, a distributor (2) NO violation is committed when of equipment who referred him to complainant told drawer that he LS Finance has insufficient funds in the bank. A lease/purchase agreement The 4 checks were issued to specifying a warranty deposit collateralize “rent”/ an (29,790) of 30% for Magno to put accommodation and not for up. Claimino lg he could not afford purchase equipment/receipt of an it, Magno asked LS Finance to find actual “account or credit for a 3rd party lender to lend him the value”. amount. LENDER = TENG, specified Ratio: RTC and CA’s decision merely a 3% interest on short term loan. relied on the law, without looking into Magno issued postdated checks to the real nature of warranty deposit. LS Finance, who gave it to Teng. Acquittal based on action not When check matured, Magno said constituting a wrong sought to be he could not cover it and he was punished in offense charged (not not banking with Pacific Bank because of lack of intent). anymore. In lieu, he issued 6 check - first 2 checks honored, last 4 in question. When business failed, Protective theory – “affirms that the Magno could no longer pay rent to primary function of punishment is the LS Finance, LS pulled out protective of society against actual and equipment. Magno promised to pay potential wrongdoers” the rest of the warranty deposit, Ex. Actuations of Mrs. Carolina Teng but the remaining checks were no amount to that of potential wrongdoers longer honored due to “closed whose operations should also be clipped in account”. He was convicted of four order that the unwary public will not fall counts of violating BP 22. CA prey to vicious transactions affirmed this decision because issuing a bouncing check is a crime ISSUE: (1) WON Magno is guilty of violating B.P. 22 upon review (2) WON post-dated checks were drawn or issued "to apply on account or for value", as required under Section 1 of B.P. Blg, 22.
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