556 Phil. 737
AUSTRIA-MARTINEZ, J.:
That on or about the 20th day of August 1992, in the Municipality of Candelaria, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously issue and make out Check No. 054924 dated August 26, 1992, in the amount of TEN THOUSAND PESOS (P10,000.00) Philippine Currency, drawn against the PS Bank, Candelaria Branch, Candelaria, Quezon, payable to "Cash" and give the said check to one Dolores Evangelista in exchange for cash although the said accused knew fully well at the time of issuance of said check that he did not have sufficient funds in or credit with the drawee bank for payment, the same was dishonored and refused payment for the reason that the drawer thereof, the herein accused, had no sufficient funds therein, and that despite due notice said accused failed to deposit the necessary amount to cover said check, or to pay in full the amount of said check, to the damage and prejudice of said Dolores Evangelista in the aforesaid amount.After trial, petitioner was convicted by the Regional Trial Court (RTC) of Lucena City, Branch 55, in a Decision rendered on November 20, 1995, the dispositive portion of which reads:
Contrary to law.[1]
WHEREFORE, in view of the foregoing considerations, this Court finds the accused Leodegario S. Bayani, GUILTY beyond reasonable doubt of violating Section 1, Batas Pambansa Blg. 22, and hereby sentences him to suffer one (1) year imprisonment and a fine of Five Thousand (P5,000.00) Pesos, with subsidiary imprisonment in case of insolvency. He shall likewise pay the complaining witness, Dolores Evangelista, the sum of P10,000.00, the value of Check No. 054924 he issued and drew against PS Bank, Candelaria Branch, which was subsequently dishonored by the said drawee bank for insufficiency of funds.In convicting petitioner, the trial court made the following findings of facts:
The accused Leodegario Bayani is further ordered to pay Dolores Evangelista the amount of P5,000.00 representing attorney's fees. He shall also pay double the cost of this suit.
SO ORDERED.[2]
The trial court also made the following findings:
- That the Philippine Savings Bank, Candelaria Branch, has issued to the accused check booklet (Exh. "C") on December 12, 1991, with the Check No. 054924 as one of those included in said booklet of checks;
- That the said Check No. 054924 dated August 26, 1992, was drawn and issued payable to Cash in the amount of P10,000.00; said drawn check was made to apply to the account of the accused, Leodegario S. Bayani whose name appears therein in bold print at the upper portion of the said check;
- That said Check No. 054924, is a post-dated check, was subsequently dishonored by the drawee bank, PS Bank, Candelaria Branch, for insufficiency of funds;
- That the checking account of the accused Leodegario S. Bayani with PS Bank, Candelaria Branch, was closed on September 1, 1992 (Exh. "B-3"), which at the time had only remaining deposit in the amount of P2,414.96 (Exh. "B-4").[3]
The check in question is postdated, issued and drawn on August 20, 1992, and dated August 26, 1992. It was presented to complaining witness, Dolores Evangelista, for encashment by Alicia Rubia whom the former knows. After the check was deposited with the bank, it was returned to Evangelista for insufficiency of funds (Exh. "A-5"). Thereafter, she pursued the following events to demand payment of the value of the check:On appeal, the Court of Appeals (CA)[5] affirmed in toto the trial court's decision. The CA's Decision dated January 30, 2002 provides for the following dispositive portion:
x x x x
After the confrontation at the office of Atty. Emmanuel Velasco, Evangelista has had another confrontation with the accused Bayani and Alicia Rubia at Candelaria municipal building before Brgy. Captain Nestor Baera, but again the accused and Rubia pointed to each other for the settlement of the amount involved in the check in question.
Of these two (2) confrontations Evangelista had with the accused Bayani and Alicia Rubia, including the chances to have met or known the complaining witness Evangelista since 1977 up to the filing of the instant case in the Municipal Trial Court of Candelaria, all what the accused Leodegario Bayani could say were flat denials of having talked with, or otherwise met Evangelista, regarding the latter's claim of payment of the value of Check No. 054924, admittedly from the check booklet of the said accused Bayani issued by PS Bank, Candelaria Branch.[4]
WHEREFORE, and it appearing from the circumstances of both the offense and the offender which does not indicate good faith or a clear mistake of fact in accordance with the Administrative Circular No. 13-2001, the judgment appealed from is AFFIRMED in toto, with costs.Thus, herein petition for review on certiorari under Rule 45, Rules of Court, with the following assignment of errors:
SO ORDERED.[6]
THE COURT OF APPEALS, WITH DUE RESPECT, ERRED IN REFUSING TO ACQUIT THE ACCUSED DESPITE THE CONVICTION OF THE TRIAL COURT IS UTTERLY BASED ON HEARSAY EVIDENCE;On the other hand, the Office of the Solicitor General (OSG), representing respondent, argues that: (1) petitioner's denial of his liability for Check No. 05492 cannot overcome the primordial fact that his signature appears on the face of such check; (2) want of consideration is a personal defense and is not available against a holder in due course; and (3) the constitutional presumption of innocence was overcome by the requisite quantum of proof.[8]
THE COURT OF APPEALS ERRED IN CONVICTING THE ACCUSED DESPITE THE CONSIDERATION FOR THE ISSUANCE OF THE CHECK WAS NOT DULY ESTABLISHED;
THE TRIAL COURT AND THE COURT OF APPEALS ERRED WHEN THEY CONVICTED THE ACCUSED BASED ON THE WEAKNESS OF THE LATTER'S EVIDENCE AND NOT ON THE STRENGTH OF PROSECUTION'S EVIDENCE;
THE TRIAL COURT AND THE COURT OF APPEALED (sic) ERRED IN CONVICTING THE ACCUSED SOLELY ON THE BASES OF PRESUMPTIONS.[7]
Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded. - A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules.Under the above rule, any evidence " whether oral or documentary " is hearsay if its probative value is not based on the personal knowledge of the witness, but on that of some other person who is not on the witness stand. Hence, information that is relayed to the former by the latter before it reaches the court is considered hearsay.[10]
Neither did petitioner claim that the signature was a forgery. Had he done so, then a forensic examination of the signature in appearing on the check and his signature would have been made in order to determine the genuineness or authenticity of the signature appearing on the check.
Q: I am showing to you a certain document purpurting (sic) to be PSB Check No. 054924, will you please look at this particular document and tell this Honorable Court if this particular check is one of those issued to you by the Philippine Saving's Bank? A: Yes, sir. Q: Now, there appears a signature above a line located at the bottom of the said check which appears to be Leodegario Bayani, please tell this Honorable Court if you know this particular signature? A: Although it is similar to my signature I could not tell if this is my signature, sir. Q: Please explain to this Honorable Court why is it so? A: Because there are some differences, sir. Q: Please tell this Honorable Court the particular differences you are referring to? A: At the middle of the signature I usually put my middle initial and also the beginning of my family name is almost connected with each other, sir.[21]
(1) the making, drawing, and issuance of any check to apply for account or for value;As regards the first element, it is presumed, upon issuance of the checks and in the absence of evidence to the contrary, that the same was issued for valuable consideration.[23] Under the Negotiable Instruments Law, it is presumed that every party to an instrument acquired the same for a consideration or for value.[24] In alleging that there was no consideration for the subject check, it devolved upon petitioner to present convincing evidence to overthrow the presumption and prove that the check was issued without consideration.
(2) the knowledge of the maker, drawer, or issuer that at the time of issue there are no sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
(3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.[22]
Proof beyond reasonable doubt does not mean absolute certainty. Suffice it to say the law requires only moral certainty or that degree of proof which produces conviction in a prejudiced mind.[27]After going over the evidence presented by the prosecution and the defense in this case, the Court finds no reason to overturn the judgment of conviction rendered by the RTC, as affirmed by the CA, as the prosecution sufficiently proved petitioner's guilt beyond reasonable doubt.