Morillo V PP

Facts:
Respondents Richard Natividad, Milo Malong and Bing Nanquil, introduced themselves as
contractors in Pampanga City under the name and style of RB Custodio Construction. They purchased
construction materials for their project inside the Subic Freeport Zone from petitioner Armilyn Morillo,
owner of Amasea General Merchandize and Construction Supplies. The parties agreed that twenty
percent (20%) of the purchases shall be paid within seven (7) days after the first delivery and the
remaining eighty percent (80%) to be paid within thirty-five (35) days after the last delivery, all of which
shall be via postdated checks/
Pursuant to the agreement, petitioner delivered construction materials amounting to a total of

P500,054.00 at the construction site where respondent and his partners were undertaking their project.
After the last delivery, respondent paid P20,000.00 in cash and issued two (2) post-dated checks, drawn
from Metrobank, Pampanga branch, in the amounts of P393,000.00 and P87,054.00. Upon maturity,
petitioner attempted to deposit the checks in her savings account at Equitable PCI Bank, San Lorenzo,
Makati City. They were, however, dishonored by the drawee bank. Immediately thereafter, petitioner
communicated the dishonor to respondent and his partners and demanded for payment. Again,
respondent issued two (2) post-dated Metrobank checks and assured petitioner that they will be
honored upon maturity. Upon deposit in her savings account at Equitable PCI Bank, Makati Branch, the
checks were once again dishonored as the account from which they were drawn was already a closed
account. Petitioner made several demands from respondent and his partners. Aggrieved petitioner filed
a complaint with the City Prosecution Office, Makati City.
On August 12, 2004, two (2) Informations were filed against respondent and Milo Malong.
On September 15, 2004, the Assistant City Prosecutor issued a Resolution recommending that
respondents be charged in court with the crime of Estafa for Violation of Batas Pambansa No. 22
The charges were later docketed as Criminal Case Nos. 337902-03.
On September 3, 2008, the MeTC rendered its Joint Decision ruling in favor of the petitioner.
Respondent appealed the decision of the MeTC to the RTC arguing that the MeTC of Makati City
had no jurisdiction over the case.
On February 23, 2009, the RTC affirmed the MeTC decision.
On appeal, however, the Court of Appeals reversed the lower courts' rulings and dismissed the
case without prejudice to its refiling in the proper venue.
Issue:
THE COURT OF APPEALS GRAVELY ERR WHEN IT RULED THAT THE METROPOLITAN TRIAL COURT
OF MAKATI CITY DID NOT HAVE JURISDICTION OVER THE CASE DESPITE A CLEAR SHOWING THAT THE
OFFENSE WAS COMMITTED WITHIN THE JURISDICTION OF SAID COURT?
Ruling:
Yes. It is well settled that violations of BP 22 cases are categorized as transitory or continuing
crimes, meaning that some acts material and essential thereto and requisite in their consummation
occur in one municipality or territory, while some occur in another. In such cases, the court wherein any
of the crime's essential and material acts have been committed maintains jurisdiction to try the case; it
being understood that the first court taking cognizance of the same excludes the other. Thus, a person
charged with a continuing or transitory crime may be validly tried in any municipality or territory where
the offense was in part committed; the place where the check was deposited or presented for
encashment; can be vested with jurisdiction to try cases involving violations of BP 22.
The rule is that a person charged with a transitory crime may be validly tried in any municipality
or territory where the offense was in part committed.
The court of the place where the check was deposited or presented for encashment can be
vested with jurisdiction to try cases involving violations of BP 22. Thus, the fact that the check subject of
the instant case was drawn, issued, and delivered in Pampanga does not strip off the Makati MeTC of its
jurisdiction over the instant case for it is undisputed that the subject check was deposited and presented
for encashment at the Makati Branch of Equitable PCIBank. The MeTC of Makati, therefore, correctly
took cognizance of the instant case and rendered its decision in the proper exercise of its jurisdiction.
When the appellate court herein dismissed the instant case on the ground that the MeTC lacked
jurisdiction over the offense charged, it did not decide the same on the merits, let alone resolve the
issue of respondent’s guilt or innocence based on the evidence proffered by the prosecution. The
appellate court merely dismissed the case on the erroneous reasoning that none of the elements of BP
22 was committed within the lower court’s jurisdiction, and not because of any finding that the evidence
failed to show respondent’s guilt beyond reasonable doubt. Clearly, therefore, such dismissal did not
operate as an acquittal, which, as previously may be repudiated only by a petition for certiorari under
Rule 65 of the Rules of Court showing a grave abuse of discretion.
Thus, petitioner’s resort to Rule 45 of the Rules of Court cannot be struck down as improper.
In a petition for review on certiorari under Rule 45, the parties raise only questions of law because the
Court, in its exercise of its power of review, is not a trier of facts. There is a question of law when the
doubt or difference arises as to what the law is on certain state of facts and which does not call for an
existence of the probative value of the evidence presented by the parties-litigants.

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Facts:

Pursuant to the agreement, petitioner delivered construction materials amounting to a total of

The charges were later docketed as Criminal Case Nos. 337902-03.

On February 23, 2009, the RTC affirmed the MeTC decision.

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