In order to serve the purpose better, this blog is being upgraded to www.casedigests.com. Better site appearance and more case digests are expected to be posted.
Author is a senior law student and intends to take his Bar Exams this 2010, and this site will be his repository of cases he will be digesting for his Bar preparations. Feel free to visit the site - www.casedigest.com.
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Nagrampa vs. People (G.R. No. 146211)
Facts:Manuel Nagrampa purchased porcelain excavator equipment from Fedcor Trading Corporation on an installment basis. He then issued checks to be drawn against Security Bank and Trust Company. The checks were dishonored on the ground that the account was already closed. He was then charge with violation of BP 22. In his defense he claimed that he is not guilty of estafa because no damage was caused to FEDCOR and the back hoe being unserviceable was returned to FEDCOR
The trial court found him guilty and was ordered to pay FEDCOR the Court of Appeals affirmed the decision in toto.
Issue:Whether or not he is liable for violation of BP 22 despite no notice of dishonor was given.
Held:Yes, because the account was closed for four years prior to the transaction. He knew fully well that the check he issued would be dishonored and the 90-day grace period given to him by law is unavailing.
The trial court found him guilty and was ordered to pay FEDCOR the Court of Appeals affirmed the decision in toto.
Issue:Whether or not he is liable for violation of BP 22 despite no notice of dishonor was given.
Held:Yes, because the account was closed for four years prior to the transaction. He knew fully well that the check he issued would be dishonored and the 90-day grace period given to him by law is unavailing.
Vicky Ty vs. People (G.R. No. 149275)
Facts: Ty’s mother was confined in Manila Doctor's Hospital to which a medical bill amounting to 600,000 pesos was made to be paid to TY, after signing a contract of responsibility with the hospital. Ty, issued 7 checks to cover the said expenses, all of which were dishonored for being drawn against a closed a account. Manila Doctors Hospital then instituted criminal actions against Ty for violation of BP22.
In her defense she alleged that she issued the checks involuntarily because her mother threatened to commit suicide due to the inhumane treatment she allegedly suffered while confined in the hospital. She further claimed that no consideration was obtained by her because all the checks were made as payment to the medical bills.
Issue: Whether or not valuable consideration exists.
Held: Under Section 24 of the Negotiable Instruments Law, it is presumed that valuable consideration exist upon the issuance of a check in the absence of evidence to the contrary.Valuable consideration is any benefit, interest or profit accruing to the party. The use of the hospital facilities and services may be deemed as such.
In her defense she alleged that she issued the checks involuntarily because her mother threatened to commit suicide due to the inhumane treatment she allegedly suffered while confined in the hospital. She further claimed that no consideration was obtained by her because all the checks were made as payment to the medical bills.
Issue: Whether or not valuable consideration exists.
Held: Under Section 24 of the Negotiable Instruments Law, it is presumed that valuable consideration exist upon the issuance of a check in the absence of evidence to the contrary.Valuable consideration is any benefit, interest or profit accruing to the party. The use of the hospital facilities and services may be deemed as such.