Professional Documents
Culture Documents
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* SECOND DIVISION.
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QUISUMBING, J.:
This petition for review on certiorari assails the
Decision1 dated August 10, 2004 of the Court of Appeals in
CA-G.R. CR No. 28464 and the Resolution2 dated October
29, 2004, which denied petitioner’s motion for
reconsideration. The Court of Appeals affirmed the
February 24, 2004 Decision and May 11, 2004 Order of the
Regional Trial Court (RTC), Davao City, Branch 16, in
Criminal Case Nos. 52633-03 and 52634-03.
The antecedent facts are as follows:
Petitioner Claude P. Bautista, in his capacity as
President and Presiding Officer of Cruiser Bus Lines and
Transport Corporation, purchased various spare parts from
private respondent Auto Plus Traders, Inc. and issued two
postdated checks to cover his purchases. The checks were
subsequently dishonored. Private respondent then executed
an affidavit-complaint for violation of Batas Pambansa Blg.
223 against petitioner. Consequently, two Informations for
violation of BP Blg. 22 were filed with the Municipal Trial
Court in Cities (MTCC) of Davao City against the
petitioner. These were docketed as Criminal Case Nos.
102,004-B-2001 and 102,005-B-2001. The Informations4
read:
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8 Id., at p. 29.
9 Sec. 29. Liability of accommodation party.—An accommodation
party is one who has signed the instrument as maker, drawer, acceptor, or
indorser, without receiving value therefor, and for the purpose of lending
his name to some other person. Such a person is liable on the instrument
to a holder for value, notwithstanding such holder, at the time of taking
the instrument, knew him to be only an accommodation party.
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10 See MEA Builders, Inc. v. Court of Appeals, G.R. No. 121484,
January 31, 2005, 450 SCRA 155, 165.
11 Rollo, pp. 70, 71.
12 Id., at pp. 68, 72.
13 Construction & Development Corporation of the Philippines v.
Cuenca, G.R. No. 163981, August 12, 2005, 466 SCRA 714, 727.
14 See Jardine Davies, Inc. v. JRB Realty, Inc., G.R. No. 151438, July
15, 2005, 463 SCRA 555, 563.
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DISSENTING OPINION
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holders and officers are not personally liable for the obligations of
the corporation except only when the veil of corporate fiction is
being used as a cloak or cover for fraud or illegality, or to work
injustice. These situations, however, do not exist in this case. The
evidence shows that it is Cruiser Bus Lines and Transport
Corporation that has obligations to Auto Plus Traders, Inc. for
tires. There is no agreement that petitioner shall be held liable for
the corporation’s obligations in his personal capacity. Hence, he
cannot be held liable for the value of the two checks issued in
payment for the corporation’s obligation in the total amount of
P248,700.”
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1 G.R. No. 99032, March 26, 1997, 270 SCRA 423, 431.
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2 G.R. No. 145498, January 17, 2005, 448 SCRA 455, 477.
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