I.

Establish: The Legal Dispute of the Case

Joey Doon Celespara filed a complaint against John Dominique “Nikko”

Poblete for Estafa and for violation of Batas Pambansa 22 (Bouncing Checks
law). He issued a check with insufficient funds and account closed.  Respondent
has unjustifiably ignored all these demands to pay the said account and/or to
redeem the said returned check. The accused denied the allegations.
(a) The state’s charge that the accused defrauded the complainant by issuing a
check with insufficient funds and account closed; and (b) the accused denial of
the charge.

II. Discover (and summarize): The Relevant Facts

That on or about October 02,2021 in the City of Valenzuela, Philippines,

the said accused, did then and there willfully, unlawfully, and feloniously make or
draw and issue to Joey Doon Celespara to apply on account or for value several
PNB checks and THREE (3) among several checks are the subject of this case
amounting to P180,000.00 said accused well knowing that at the time of issue he
did not have sufficient funds and account closed with the drawee bank for
payment of such check in full upon presentment, which check when presented for
payment within ninety (90) days from the date thereof was subsequently
dishonored by the drawee bank for the reason "Drawn Against Insufficient Funds
(DAIF)" and despite receipt of notice of such dishonor, said accused, failed to pay
said Joey Doon Celespara the amount of the check to make arrangement for full
payment of the same within five (5) banking days after receiving said notice.

III. Know: The Applicable Law or Rule

Batas Pambansa Blg. 22 also known as “AN ACT PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES”. punishes the acts of: (1) issuing a check to apply an account or for
value, knowing at the time of issue that he does not have sufficient funds in the
bank, which check is subsequently dishonored by the bank; or (2) having
sufficient funds in the bank when he issues the check, by failing to keep sufficient
funds to cover the check for which reason it is dishonored by the bank.The
punishment is imprisonment of thirty (30) day to one (1) year, or a fine, or both
(at the court's discretion. If the person cannot pay the fine, then he shall serve
subsidiary imprisonment.(Sec. 1)

ELEMENTS OF VIOLATION OF BP 22
When a criminal case is pending against a person, the trial court will determine
whether or not a person is guilty by determining if the following elements of the
crime were present:
1. That the check was made, drawn, and issued for value;
2. That the maker of the check knew at the time of issue that he does not have
sufficient funds in or credit with the bank for the payment of the check;
3. That when the check was presented, it was dishonored for insufficiency of
funds or credit or, when he ordered the bank to stop payment without valid
reason.

IV. Identify: The Issue or Issues

Whether the accused is liable of violating BP 22

V. Rough: The Arguments

John Dominique “Nikko” Poblete has unjustifiably ignored all the demands
to pay the said account and/or to redeem the said returned check.

No notice of the dishonor of such checks was ever addressed or served to

the accused. There is therefore absolutely no showing that Complainant’s alleged
insufficient funds and account closed checks were ever received by the accused.
Accordingly, procedural due process clearly enjoins that a notice of dishonor be
actually served John Dominique Poblete. He have a right to demand — and the
basic postulates of fairness require — that the notice of dishonor be actually sent
to and received by the accused to afford the opportunity to avert prosecution
under BP 22.
I. RELEVANT FACTS

Witness: I am Julia Torres, eighteen years old, single, and a resident of Barrio
Talaan, Lian Batangas.

Prosecutor: With the Court’s permission. Do you know Ronald Galang, the
accused in this case?

A: Yes, sir.

Q: Why do you know him?

A: He raped me.

Q: Where did this happen?

A: It happened in the rice field near Mario’s house.

Q: How did Ronald raped you?

A: I struggled to get free but he pointed a knife at my side and threatened
to stab me if I called for help or persisted in fighting back.

Q: So what did you do?

A: Out of fear, I gave in and he raped me.

Q: What did you do after Ronald raped you?

A: I kept the matter to myself for a while.

Q: So what did you do after that?

A: I went to the police and complain.

Q: Is that all that you did?

A: I also submitted myself to medical examination.

Q: When did Ronald rape you?

A: He raped me on June 12 at 7 p.m.

Q: How did you meet Ronald on June 12?

A: I went to the house of Celia in our barrio to attend a wedding party and I
saw him there.

Q: Do you have any relationship with Ronald?

A: None, He was only my suitor.

Q: What did you do after dancing?

A: At 11 p.m. I took leave to go and started to walk home alone in the
moonlight.

Q: Did anything unusual happen during your walk home?

A: When I was about fifty meters from Mario’s house, Ronald came from
behind me and requested that he walked me home.

I declined and doubled my steps.

Q: So what happened after you walked faster?

A: Ronald caught my arm and wrestled me to the ground.

Q: What did Ronald do while you were down in the ground?

A: He covered my mouth with a hand so I could not shout. He pointed a knife
at me and forced me to yield to him.

Q: What route did you take going home?

A: I took a shortcut across Mario’s farm, in the direction of our house.

II. SUMMARY OF THE RELEVANT FACTS

That on the wedding of Celia on June 12, Julia attended to the party.
Ronald, Julia’s suitor want to talked to her but she ignored and dislike him. At
about 11pm, Julia took the leave to go and started to walk home alone in the
moonlight across Mario’s farm to take a shortcut in the direction of their house,
walking alone did not bother Julia because she knew everyone in the barrio. And
when Julia was about fifty meters from Mario’s house, Ronald came behind Julia
and requested to walk her home but Julia declined and doubled her steps. Then
suddenly while walking doubled steps, the accused caught her arm and wrestled
to the rough dry ground, in the rice field near Mario’s house, Ronald covered
Julia’s mouth with a hand so she could not shout. Then Ronald pointed the knife
at Julia and threatened that she will be stab if she called for help or persisted in
fighting back and forced to yield to him. Out of fear by the victim, she gave up
and raped by the accused. Julia kept the matter to herself for a while since she
was afraid of the trouble that will happen if her parents and brothers found out,
because they love her so much.
After two days of worrying and feeling bad, the Julia finally told her aunt
about the raped and she in turn told Julia’s parent. Her parents because quite
furious and wanted to take the matter into their own hands but cooler heads
prevailed. Then, they went to the police station to complain and submitted herself
under medical examination.

III. IRRELEVANT FACTS

Court Staff: (After swearing in the witness) State your name and personal
circumstance.

Q: What was the reaction of your parents?

A: They were quite furious and wanted to take the matter into their own
hands but
cooler heads prevailed.

Q: What were your feelings during the party?

A: I was in high spirit because I met a lot of friends and had a good time.

Q: Do you recall any unusual thing that happened at that wedding party?
A: Someone exploded firecrackers nearby and this caused a scare for a while.

Q: What happened after you ignored him?

A: The married couple dance after supper and people joined in.

Q: What was your reaction to him?

A: I really did not like him.

Q: What kind was the ground over there?

A: It was rough ground and dry.
Q: Can you describe the path you took?
A: The path was quite uneven and difficult to ply.

Q: How was it?

A: I was used to it and I managed very well.

Prosecutor: That is all.