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    G.R. No. 164358 December 20, 2006 THERESA MACALALAG, Petitioner, People of The Philippines, Respondent

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    Michael Cox
    Petitioner Theresa Macalalag obtained two loans of P100,000 each from Grace Estrella and issued two Philippine National Bank checks as security. When Estrella deposited the checks, they were dishonored because Macalalag's account had been closed. Macalalag claims she had already paid P200,000 so the first check should be redeemed and the remaining P50,000 applied to the second check, exempting her from criminal liability. However, the Court held that only full payment of the face value of the checks at deposit or within five days could do so. Partial payment does not prevent criminal liability under the law as it would defeat the purpose of safeguarding the banking system.

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    G.R. No. 164358 December 20, 2006 THERESA MACALALAG, Petitioner, People of The Philippines, Respondent

    Uploaded by

    Michael Cox
    241 views2 pages
    Petitioner Theresa Macalalag obtained two loans of P100,000 each from Grace Estrella and issued two Philippine National Bank checks as security. When Estrella deposited the checks, they were dishonored because Macalalag's account had been closed. Macalalag claims she had already paid P200,000 so the first check should be redeemed and the remaining P50,000 applied to the second check, exempting her from criminal liability. However, the Court held that only full payment of the face value of the checks at deposit or within five days could do so. Partial payment does not prevent criminal liability under the law as it would defeat the purpose of safeguarding the banking system.

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    Macalalag v People

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    Petitioner Theresa Macalalag obtained two loans of P100,000 each from Grace Estrella and issued two Philippine National Bank checks as security. When Estrella deposited the checks, they were dishonored because Macalalag's account had been closed. Macalalag claims she had already paid P200,000 so the first check should be redeemed and the remaining P50,000 applied to the second check, exempting her from criminal liability. However, the Court held that only full payment of the face value of the checks at deposit or within five days could do so. Partial payment does not prevent criminal liability under the law as it would defeat the purpose of safeguarding the banking system.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    241 views2 pages

    G.R. No. 164358 December 20, 2006 THERESA MACALALAG, Petitioner, People of The Philippines, Respondent

    Uploaded by

    Michael Cox
    Petitioner Theresa Macalalag obtained two loans of P100,000 each from Grace Estrella and issued two Philippine National Bank checks as security. When Estrella deposited the checks, they were dishonored because Macalalag's account had been closed. Macalalag claims she had already paid P200,000 so the first check should be redeemed and the remaining P50,000 applied to the second check, exempting her from criminal liability. However, the Court held that only full payment of the face value of the checks at deposit or within five days could do so. Partial payment does not prevent criminal liability under the law as it would defeat the purpose of safeguarding the banking system.

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    G.R. No.

    164358 December 20, 2006


    THERESA MACALALAG, petitioner,
    vs.
    PEOPLE O THE PH!L!PP!NES, respondent.
    Facts: Petitioner Theresa Macalalag obtained loans from Grace Estrella, each in the
    amount of P100,000.00. s securit! for the pa!ment of the aforesaid loans, petitioner
    Macalalag issued t"o Philippine #ational $an% &P#$' chec%s. (o"ever, "hen
    Estrella presented said chec%s for pa!ment "ith the dra"ee ban%, the same "ere
    dishonored for the reason that the account against "hich the same "as dra"n "as
    alread! closed. Estrella sent a notice of dishonor and demand to ma%e good the said
    chec%s to Macalalag, but the latter failed to do so. (ence, Estrella filed t"o criminal
    complaints for )iolation of $atas Pambansa $lg. **. Petitioner Macalalag claims that,
    considering that she had alread! paid P1+,,000.00 at the time the sub-ect chec%s "ere
    presented for pa!ment, the amount of P100,000.00 should be applied for redemption
    of the first chec% and the remaining amount of P+,,000.00 should be treated as partial
    redemption of the second chec%. Petitioner Macalalag posits that said partial
    redemption e.empts her from criminal liabilit! because it "as made before the chec%
    "as presented for pa!ment.
    /ssue: 0hether or not petitioner Macalalag is e.empted from criminal liabilit! based
    on the partial redemption of the second chec%.
    (eld: #o. /t is "ell to note that the gravamen of $atas Pambansa $lg. ** is the
    issuance of a chec%, not the nonpa!ment of an obligation.
    11
    The la" has made the act
    of issuing a bum chec% a malum prohibitum.
    12
    3onse4uentl!, the lac% of criminal
    intent on the part of the accused is irrelevant.
    /n the case at bar, onl! a full pa!ment of the face value of the second chec% at
    the time of its presentment or during the five5da! grace period
    1+
    could have
    e.onerated her from criminal liabilit!. contrar! interpretation "ould defeat the
    purpose of $atas Pambansa $lg. **, that of safeguarding the interest of the ban%ing
    s!stem and the legitimate public chec%ing account user,
    1,
    as the dra"er could ver!
    "ell have himself e.onerated b! the mere e.pedienc! of pa!ing a minimal fraction of
    the face value of the chec%. #either could petitioner Macalalag6s subse4uent pa!ment
    of P122,178.21 during the pendenc! of the cases against her before the MT33 result
    in freeing her from criminal liabilit! because the same had alread! attached after the
    chec% "as dishonored. 9aid subse4uent pa!ments can onl! affect her civil, not
    criminal, liabilit!. subse4uent pa!ment b! the accused "ould not obliterate the
    criminal liabilit! theretofore alread! incurred.
    18

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