Cruz v CA [June 17,1994]

FACTS: Andrea Mayor is a businesswoman engaged. Sometime in 1987, she was introduced to herein petitioner, Roberto Cruz who at that time was engaged in the business of selling ready-to-wear clothes at the Pasay Commercial Center. From then on, petitioner has been borrowing money from Mayor. On March 15, 1989, petitioner borrowed from Andrea Mayor one hundred seventy six thousand pesos (P176,000.00). On April 6, 1989, Mayor delivered the said amount to petitioner himself in the latter’s stall at the Pasay Commercial Center. Cruz, in turn, issued Premiere Bank Check No. 057848 postdated April 20, 1989 for same amount. When the check matured, complaining witness presented it to the drawee bank for payment but the same was dishonored and returned for reason "account closed." When notified of the dishonor, petitioner promised to pay his obligation in cash. No payment was made, hence, an information for violation of Batas Pambansa Bilang 22 was filed against the petitioner. petitioner comes to this Court by way of a petition for review on certiorari seeking the reversal of the respondent court’s decision.
ISSUE: whether the court Erred In Holding The Petitioner Liable Under BP No. 22, Despite Knowledge of the Complaining Witness That The Account Had Long been Closed.
RULING: When a check is presented for payment, the drawee bank will generally accept the same regardless of whether it was issued in payment of an obligation or merely to guarantee the said obligation. What the law punishes is the issuance of a bouncing check 22 not the purpose for which it was issued nor the term and conditions relating to its issuance. The mere act of issuing a worthless check is malum prohibitum.
The importance of arresting the proliferation of worthless checks need not be underscored. The mischief created by unfunded checks in circulation is injurious not only to the payee or holder, but to the public as well. This harmful practice "can very well pollute the channels of trade and commerce, injure the banking system and eventually hurt the welfare of society and the public interest."

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