CASE: PEOPLE vs.

GROSPE
AUTHOR:
[G.R. No. DATE] L-74053-54 | Jan. 30, 1988 | 157 SCRA 154
NOTES:
TOPIC: Jurisdiction and Venue
PONENTE: J. Melencio-Herrera
FACTS:
Respondent-accused Manuel Parulan, is an authorized dealer of SMC. Parulan was charged of 2 crimes:
1) BP 22 issuing a check for P86, 071.20 in favor of SMC which was dishonored due to insufficient funds.
2) Estafa P11, 918.80 check in favor of SMC in payment of beer he purchased. Check was also refused.
The two cases were tried jointly before the RTC of Pampanga. It was stated in the facts that the checks were issued
by the accused on various occasions at the Sales office of SMC at Guiguinto, Bulacan and which checks he handed
to SMC Supervisor in the same municipality.
Judge Grospe of the RTC of Pampanga dismissed the case because of lack of jurisdiction since the checks were
dishonored by the Planters Development Bank (Bulacan), the drawee bank. Judge Grospe held that the essential
elements of estafa (deceit and damage) were committed in Bulacan, not in Pampanga since the checks were issued in
Guiguinto, Bulacan and were delivered to SMC Supervisor who holds office in the same municipality and
subsequently dishonored by the drawee bank at Sta. Maria, Bulacan.
The people filed a Special Civil Action for certiorari seeking to set aside Judge Grospes decision, challenges the
dismissal of 2 criminal cases on the ground of grave abuse of discretion (Rule 65).
Respondent-accused argued that the dismissal was an acquittal, not reviewable by certiorari.
ISSUE(S): Did the RTC of Pampanga acquire jurisdiction over the two criminal cases?
HELD: YES
RATIO:
Estafa and BP 22 are continuing crimes. However, it is to be noted that the two are different crimes with different
elements. Deceit and damage are two essential elements of Estafa, but not in BP 22, the latter being mala prohibita.
In Estafa cases, although the check was received by the SMC Supervisor in Bulacan that was not the delivery contemplated
by law to the payee, SMC. Said supervisor was not the person who could take the check as a holder. Said representative
had to forward the check to SMC Regional office in San Fernando, Pampanga which was delivered to the Finance officer
thereat who deposited it at SMC depositary bank in Pampanga as well, where the check was legally issued and delivered.
The delivery of the check is the final act essential to its consummation.
With respect to BP 22 case, the offense punishes the act of making or drawing and issuance of bouncing check on which
there was knowledge on the part of the maker or drawer of the insufficiency of funds, which is an essential element of the
offense, is by itself a continuing offense. With this, the RTC of Pampanga acquired jurisdiction over the case.
Jurisdiction or venue is determined by the allegations in the Information which is controlling.
CASE LAW/ DOCTRINE:
DISSENTING/CONCURRING OPINION(S):