463 Phil. 339
CALLEJO, SR., J.:
When arraigned in both cases, the petitioner, assisted by counsel, pleaded not guilty. While trial was going on, the petitioner jumped bail. No evidence was thereby adduced in her defense in any of the two cases.Criminal Case No. 25484
That on or about September 28, 1994 at Batangas City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, well-knowing that she does not have funds in or credit with the Solid Bank, Batangas Branch, Batangas City, did then and there, wilfully, unlawfully and feloniously draw, make and issue to Flor Catapang de Tenorio, Solid Bank Check No. 040297 postdated to October 28, 1994 in the amount of ONE HUNDRED FIFTY THOUSAND (P150,000.00) PESOS, Philippine Currency, to apply on account or for value, but when said check was presented for full payment with the drawee bank within a period of ninety (90) days from the date of the check, the same was dishonored by the drawee bank on the ground `account closed,' which in effect is even more than a dishonor for insufficiency of funds, and despite notice of dishonor and demands made upon her to make good her check by making proper arrangement with the drawee bank or pay her obligation in full directly to Flor Catapang de Tenorio, accused failed and refused to do so, which acts constitute a clear violation of the aforecited law, to the damage and prejudice of transaction in commercial documents in general and of Flor Catapang de Tenorio in particular in the aforementioned amount.
CONTRARY TO LAW.[1]...
Criminal Case No. 25773
That on or about October 17, 1994 at Batangas City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, well-knowing that she does not have fund in or credit with the Security Bank and Trust Company, Batangas Branch, Batangas City, did then and there, wilfully, unlawfully and feloniously draw, make and issue to Resurreccion T. Castillo, Security Bank and Trust Company Check No. 038111 postdated to October 24, 1994 in the amount of TWO HUNDRED TWENTY-FIVE THOUSAND PESOS (P225,000.00), Philippine Currency, to apply on account or for value, but when said check was presented for full payment with the drawee bank within a period of ninety (90) days from the date of the check, the same was dishonored by the drawee bank on the ground of `account closed,' which in effect is even more than a dishonor for insufficiency of funds, and despite notice of dishonor and demands made upon her to make good her check by making proper arrangement with the drawee bank or pay her obligation in full directly to Resurreccion T. Castillo, accused failed and refused to do so, which acts constitute a clear violation of the aforecited law, to the damage and prejudice of transaction in commercial documents in general and of Resurreccion T. Castillo in particular in the aforementioned amount.
CONTRARY TO LAW.[2]
WHEREFORE, this Court finds the accused Norma de Joya guilty of the crime of Violation of Batas Pambansa Blg. 22, and hereby sentences said accused to suffer an imprisonment of one (1) year and to indemnify the offended party, Flor Catapang Tenorio, in the sum of ONE HUNDRED FIFTY THOUSAND (P150,000.00) PESOS, Philippine Currency.On March 21, 1997, the decision in Criminal Case No. 25773 was likewise promulgated in absentia. The decretal portion of the said decision reads:
SO ORDERED.[3]
WHEREFORE, the Prosecution having satisfactorily established the guilt of the accused beyond reasonable doubt, this Court hereby sentences herein-accused Norma de Joya of imprisonment of ONE (1) YEAR and to pay complainant Resurreccion Castillo of the amount of TWO HUNDRED TWENTY-FIVE THOUSAND (P225,000.00) PESOS by way of damages.The petitioner remained at large and no appeal was filed from any of the said decisions. In the meantime, the Court issued Supreme Court Administrative Circular No. 12-2000 on November 21, 2000 enjoining all courts and judges concerned to take notice of the ruling and policy of the Court enunciated in Vaca v. Court of Appeals[5] and Lim v. People[6] with regard to the imposition of the penalty for violations of B.P. Blg. 22.
SO ORDERED.[4]
The OSG cited the ruling of this Court in Abarquez v. Court of Appeals.[9]
1) THE TWO (2) JUDGMENTS OF CONVICTION AGAINST THE PETITIONER HAD LONG ATTAINED FINALITY AND COULD NO LONGER BE MODIFIED.2) ADMINISTRATIVE CIRCULAR NO. 12-2000 AS MODIFIED BY ADMINISTRATIVE CIRCULAR NO. 13-2001 DID NOT DELETE THE PENALTY OF IMPRISONMENT IN BP 22 CASES.[8]
Sec. 4. When writ not allowed or discharged authorized. – If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment; or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment.In this case, the petitioner was arrested and detained pursuant to the final judgment of the Municipal Trial Court of Batangas City, convicting her of violation of B.P. Blg. 22. Irrefragably then, the petitioner is not entitled to a writ of habeas corpus. Petitioner's reliance of our ruling in Ordonez v. Vinarao[10] that a convicted person is entitled to benefit from the reduction of penalty introduced by the new law, citing People v. Simon,[11] is misplaced. Thus, her plea that as provided for in Article 22 of the Revised Penal Code, SC Admin. Circular No. 12-2000 as modified by SC Admin. Circular No. 13-2001 should benefit her has no basis.
The clear tenor and intention of Administrative Circular No. 12-2000 is not to remove imprisonment as an alternative penalty, but to lay down a rule of preference in the application of the penalties provided for in B.P. Blg. 22.B.P. Blg. 22 provides for alternative penalties of fine or imprisonment or both fine and imprisonment as follows:
The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violators of B.P. Blg. 22. Neither does it defeat the legislative intent behind the law.
Thus, Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions of B.P. Blg. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. Needless to say, the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. Should the Judge decide that imprisonment is the more appropriate penalty, Administrative Circular No. 12-2000 ought not be deemed a hindrance.It is, therefore, understood that:
- Administrative Circular No. 12-2000 does not remove imprisonment as an alternative penalty for violations of B.P. Blg. 22;
- The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperatives of justice;
- Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment.[12]
SECTION 1. Checks without sufficient funds. – Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in no case exceed two hundred thousand pesos, or both such fine and imprisonment at the discretion of the court.[13]The courts are given the discretion to choose whether to impose a single penalty or conjunctive penalties; that is, whether to impose a penalty of fine, or a penalty of imprisonment only, or a penalty of both fine and imprisonment.