This case has been cited 3 times or more.
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2013-07-24 |
MENDOZA, J. |
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| Consistent with the maxim, interpretare et concordare leges legibus est optimus interpretandi modus, a statute should be construed not only to be consistent with itself but also to harmonize with other laws on the same subject matter, as to form a complete, coherent and intelligible system of jurisprudence.[35] The seemingly conflicting provisions of a law or of two laws must be harmonized to render each effective.[36] It is only when harmonization is impossible that resort must be made to choosing which law to apply.[37] | |||||
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2013-03-06 |
ABAD, J. |
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| In this case, the third element is present and had been adequately established. With respect to the first element, the Court gives full faith and credit to the findings of the lower courts that the checks were issued for value since San Mateo herself admitted that she drew and issued the same as payment for the yarns she ordered from ITSP. Besides, the Court has consistently pronounced that the issue of lack of valuable consideration for the issuance of checks which were later on dishonored for insufficient funds is immaterial to the success of a prosecution for violation of B.P. 22.[5] | |||||
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2010-08-03 |
VILLARAMA, JR., J. |
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| Moreover, it is well settled that the mere act of issuing a worthless check, even if merely as an accommodation, is covered by B.P. 22.[25] Thus, this Court has held that the agreement surrounding the issuance of dishonored checks is irrelevant to the prosecution for violation of B.P. 22.[26] The gravamen of the offense punished by B.P. 22 is the act of making and issuing a worthless check or a check that is dishonored upon its presentment for payment.[27] Section 1 of B.P. 22 enumerates the following elements: (1) the making, drawing, and issuance of any check to apply on account or for value; (2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and (3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. Thus, even if it be subsequently declared that novation took place between the FWCC and petitioner, respondent is not exempt from prosecution for violation of B.P. 22 for the dishonored checks. | |||||