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I. Title: ULIE S. SUMBILLA, PETITIONER, VS.

MATRIX FINANCE CORPORATION,


RESPONDENT.
Date of Decision Promulgated: June 29,2015
G.R. No. : 197582

II. Facts of the Case:

● Ulie S. Sumbilla, the petitioner has a cash loan to Matrix Finance Corp, the respondent.
Due to the fact that the respondent has a loan to the respondent, the petitioner issued
Philippine Business bank checks no. 0032863, 0032864, 0032865, 0032866, 0032867,
003268 with P 6,667.00 face value as a partial payment to the loan. Upon maturity, the
checks were presented to the bank however the checks were dishonored on the ground the
checks were drawn against closed account.

● The Petitioner refused to take into account the demand letter of the respondent for the
payment of the loan since the checks issued were dishonored. The respondent filed six
counts of violation of Batasang Pambansa Blg. 22 ( BP 22).

● January 14,2009, The petitioner was charged by a fine amounting to P 80,000 from the
doubled amount of the worthless check which amounted to P 40,002 and a subsidiary
imprisonment.

● The Petitioner filed a motion for reconsideration and notice of appeal for the court to
review the penalty imposed however it was denied because it was filed beyond the 15
day reglementary period.

● The petitioner filed a motion for consideration at the court appeals but it was denied.

● The petitioner then filed a review for certiorari at the Supreme Court.

III. Issue:

If the petitioner guilty of BP 22 and the penalty imposed can still be modified.

IV. Rulings:

The petitioner is guilty of BP 22 since the issuance of a worthless check shall be liable to BP22.
As for the penalty according to Sec. 1 of BP 22 provides that any persons who makes or issues
check to apply for value xxx, shall be punished by imprisonment of not less than thirty days but
not more than one (1) year or by a fine not less than but not more than double the amount of the
check which fine shall in no case exceed P 200,000 or both such fine and imprisonment at the
discretion of the court. The fine stated above amounting to P 80,000 is more than 13 times the
face value of the worthless check which is P 6,667. The petitioner shall only be liable to a fine
amounting to P 13,334 and a subsidiary imprisonment.

Prepared by: Jaeselle Ann O. Jolloso


BSA 3

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