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B. P. 22 (Batas Pambansa Bilang 22) Ivy Lim vs. People of The Philippines and Blue Pacific Holdings, Inc. G.R. No. 224979 December 13, 2017

This case involves Ivy Lim being charged with 11 counts of violating BP 22 for issuing checks that were dishonored due to insufficient funds. Lim signed as a co-maker on a promissory note and issued 11 checks to secure repayment of a loan. 10 of the checks were dishonored when presented for payment as the account was closed. The court found Lim guilty, establishing that: 1) the checks were issued for value as part of the loan agreement; 2) 10 checks were dishonored for insufficient funds; and 3) Lim received demand letters and her signature on the letters matched those on the checks, showing she knew there were insufficient funds when issuing the checks.

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286 views2 pages

B. P. 22 (Batas Pambansa Bilang 22) Ivy Lim vs. People of The Philippines and Blue Pacific Holdings, Inc. G.R. No. 224979 December 13, 2017

This case involves Ivy Lim being charged with 11 counts of violating BP 22 for issuing checks that were dishonored due to insufficient funds. Lim signed as a co-maker on a promissory note and issued 11 checks to secure repayment of a loan. 10 of the checks were dishonored when presented for payment as the account was closed. The court found Lim guilty, establishing that: 1) the checks were issued for value as part of the loan agreement; 2) 10 checks were dishonored for insufficient funds; and 3) Lim received demand letters and her signature on the letters matched those on the checks, showing she knew there were insufficient funds when issuing the checks.

Uploaded by

Khristienne Bernabe
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© © All Rights Reserved
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B. P.

22 (BATAS PAMBANSA BILANG 22)

IVY LIM vs.


PEOPLE OF THE PHILIPPINES and BLUE PACIFIC HOLDINGS, INC.
G.R. No. 224979
December 13, 2017

Facts:

Private respondent Blue Pacific Holdings, Inc. granted Rochelle Benito a loan amounting
to ₱1,149,500.00 as evidenced by a Promissory Note acknowledged before a notary
public. Petitioner Lim signed as a co-maker of her sister Benito. To secure payment of
the loan, Benito and Lim issued eleven (11) Equitable PCI Bank checks with a face value
of ₱67,617.65 each, or a total amount of ₱743,794.15. Later on, 10 of these 11 checks
were dishonored when presented for payment for having been drawn against a closed
account. BPHI sent Lim various demand letters, but to no avail. On June 28, 2005, BPHI
sent a final demand letter, which Lim supposedly received as shown by the registry
return card bearing her signature.

For failing to pay the amounts corresponding the dishonored checks, Lim was charged
with 11 counts of violation of B.P. Blg. 22. During the preliminary conference, the
parties admitted the following matters: (1) the jurisdiction of the trial court; (2) the
identity of Lim as the accused, (3) the existence of the complaint affidavit, (4) the
existence of the promissory note and Lim's signature thereon, and (5) the existence and
due execution of the 11 checks with BPHI as payee.During trial, the prosecution
presented its witness, BPHI Finance Officer Enriquez, and documentary evidence
consisting of the complaint-affidavit, the promissory note and the 11 checks, and the
demand letters, among others. For the defense, Lim claimed that the subject checks
were unauthenticated because she was out of the country on July 29, 2003, as shown
by the certification of her travel record issued by the BID. She refuted the testimony of
Enriquez that he personally saw her signed the checks before him.

The MeTC rendered a decision finding Lim guilty beyond reasonable doubt vor violation
of B.P Blg. 22. On appeal, the RTC found no reversible error and affirmed the MeTC
Decision. The CA then affirmed the decision of the RTC.

Issue:

Whether or not Lim is guilty beyond reasonable doubt of violating B.P. Blg. 22

Ruling:

The elements of violation ofB.P. Blg. 22 are as follows:


1. The accused makes, draws or issues any check to apply to account or for
value;

2. The check is subsequently dishonored by the drawee bank for insufficiency of


funds or credit; or it would have been dishonored for the same reason had not
the drawer, without any valid reasons, ordered the bank to stop payment; and

3. The accused knows at the time of the issuance that he or she does not have
sufficient funds in, or credit with, drawee bank for payment of the check in full
upon its presentment.

All the foregoing elements were established beyond reasonable doubt by the
prosecution, as thoroughly discussed by the MeTC.

As to the first element, the Court finds that the checks were issued for value. Accused is
the co-maker of the promissory note (Exhibit "D") wherein she voluntarily bound herself
to be jointly and severally liable with Rochelle Benito, her sister, to Blue Pacific Inc. for
the amount of ₱605,000.00 plus interests. Accused is also a signatory to the eleven
checks issued, along with her sister, in favor of Blue Pacific. These checks constitute the
means for payment of the promissory note signed by the accused and her sister.

As to the second element, except for Exhibit "G", the evidence shows that the ten (10)
checks were presented for payment and subsequently dishonored for the reason
"Account Closed". The check dated May 29, 2004 with check number 0105461 in the
amount of ₱67,617.65 was not presented for payment, and hence to criminal liability
attached thereto.

As to the third element, Exhibit "Q", the demand letter dated May 18, 2005 addressed
to Ivy Benito Lim and signed by Juanito Enriquez was undisputedly received by the
accused Ivy Lim as shown in Exhibit "Q-6". The distinctive strokes in writing the name
"Ivy" and the flourish of the stroke in writing "im" in the latter part thereof, compared
with the signatures appearing on all the checks shown that these signatures were made
by one and [the] same person. No evidence was presented by the defense to refute the
sending, receipt and existence of the signature of accused Ivy Lim in Exhibits "Q" and
Q-6".

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