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REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

MICHAEL B. FRANCISCO

VS CA GR SP NO 37380
B.P. BLG. 22
PEOPLE OF THE PHILIPPINES,
Respondent,
x-------------------------------x

PETITION FOR REVIEW

COMES NOW, respondent-private complainant, MICHELLE B.


ADARNA, through the undersigned counsel, unto this Honorable
Court, most respectfully states:

PREFATORY STATEMENT

This is a petition for review filed under Rule 42 of the Revised


Rules of Court. This was originally a complaint for violation of B.P.
BLG. 22 filed against petitioner Michael B. Francisco before MTC
Meycauayan Branch 1 which found Michael B. Francisco guilty
beyond reasonable doubt for the violation of B.P. Blg. 22. The
decision of the MTC Meycauayan Branch 1 was appealed before
RTC Branch 22 Malolos City. RTC Branch 22 Malolos City affirmed
the decision of the MTC Meycauayan Branch 1.

THE PARTIES

Petitioner Michael B. Francisco is of legal age, married, Filipino


citizen and represented by ABCD Law offices with postal address at
Unit 1234 Silver State Bldg, Meycauayan, Bulacan;

Public Respondent People of the Philippines is represented by


the Office of the Solicitor General with postal address at 134
Amorsolo Street, Legazpi Village, Makati, Kalakhang Maynila.
Private Respondent Michelle B. Adarna is of legal age, married,
Filipino citizen and represented by EFGH Law offices with postal
address at Unit 5678 Bronze State Bldg, Meycauayan, Bulacan

TIMELINESS

Pursuant to Sec 1 Rule 42 of the Revised Rules of Court, this


petition may be filed within 15 days from notice of the denial of
petitioners motion for reconsideration which was received on March
12, 2017, hence, herein petitioner has until March 27, 2017 within
which to file this petition for review.

On March 27, 2017, a motion for extension of time to file


petition for review was filed before this Honorable Court upon
payment of the requisite docket fees/appeal fees. Movant petitioner
requested for a 15-day period from March 27, 2017 or until April 11,
2017 within which to file this petition (copy of official receipts for
docket and appeal fees hereto appended as Annex A-1 to A-3).

BRIEF STATEMENT OF FACTS AND THE CASE

DISCUSSION

1. On January 10, 2016, Michael B Francisco purchased 10 Television


sets from Michelle B. Adarna amounting to P500,000.

2. On the same day, Michael issued check no. 1234 as payment for the
10 Television sets (the check is attached as Annex B).

3. On January 11, 2016, Michelle B. Adarna presented the check for


collection but the check was dishonored by the drawee bank BPI for
the reason Account Closed. The bank debit advise is attached
herein as Annex C.

4. On January 15, 2016, Notice of Dishonor was made upon Michael B.


Francisco (notice of dishonor is attached as Annex D).
5. On January 15, 20, 25, and 30, 2016, Michelle B. Adarna sent
demand letters to the Michael B. Francisco but to no avail (demad
letters are attached as Annex E-1 to E-4).
6. On March 1, 2016, Michelle B. Adarna filed a complaint for violation
of B.P. Blg. 22 against Michael B. Franciso before the MTC Branch of
of Meycauayan.

7. On August 1, 2016, MTC Meycauayan Branch 1 which found Michael


B. Francisco guilty beyond reasonable doubt (the decision of MTC is
attached as Annex F). The dispositive portion is as follows:

Wherefore, Michael B. Franciso is guilty beyond reasonable doubt


for the violation of B.P. Blg. 22 otherwise known as the bouncing
checks law and is sentenced to suffer 1-year imprisonment and pay
Michelle B. Adarna P500,000.00 plus a legal interest from the date
this decision becomes final.

8. On August 5, 2016, Michael B. Francisco filed for a motion for


reconsideration. However, it was denied by the MTC.

9. On August 15, 2016, Michael B. Francisco appealed the decision of


the MTC Meycauayan Branch 1 before RTC Branch 22 of Malolos
City.

10. On February 28, 2017, RTC Branch 22 Malolos City affirmed


the decision of the MTC Meycauayan Branch 1 (attached as Annex
G). The dispositive portion is as follows:

Wherefore, the decision of MTC Meycauayan Branch 1 is hereby


affirmed. Michael B. Franciso guilty beyond reasonable doubt for the
violation of B.P. Blg. 22 otherwise known as the bouncing checks law.
He is sentenced to suffer 1-year imprisonment and pay Michelle B.
Adarna P500,000.00 plus a legal interest from the date this decision
becomes final.

11. On March 5, 2017, Michael B. Francisco filed a Motion for


Reconsideration before the RTC but was denied on March 10, 2017.
ASSIGNMENT OF ERROR

I. The RTC erred in convicting the accused Michael B Francisco


because Michael never received the Notice of Dishonor.
Michael B. Francisco never received the Notice of Dishonor. He was
not informed that the check he issued in favor of Michelle B. Adarna
bounced. This being the case, he cannot be convicted for violation of
B.P. Blg. 22 for lack of notice.

NON FORUM SHOPPING CERTIFICATE

That petitioner have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of Appeals
or any tribunal or agency; and that to the best of his knowledge, no
such action or proceeding is pending in the Supreme Court, the Court
of Appeals or any divisions, thereof or any tribunal or agency; and
that if he should thereafter learn that similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals or different divisions thereof, or any other tribunal or agency,
he undertakes to promptly inform the aforesaid courts and such other
tribunal or agency.

PRAYERS

WHEREFORE, premises considered it is most respectfully prayed


that the MTC Decision dated August 1, 2016 and the RTC decision
affirming the decision of the MTC dated February 28, 2017 be
reversed and set aside and the case be DISMISSED.

Other reliefs are prayed for.

ABCD LAW OFFICE


Unit 1234 Silver State Bldg,
Meycauayan, Bulacan
By:

ATTY. ANNA KARENINA S. PABRUA


IBP NO. LIFETIME NO. 143143
PTR NO. 13438; Jan19; Bulacan
ROLL NO. 23455
MCLE NO. 9274012; 9/15/16

Copy Furnished:
Office of the Solicitor General
134 Amorsolo Street, Legazpi Village,
Makati, Kalakhang Maynila.

EFGH Law Office


Unit 5678 Bronze State Bldg,
Meycauayan, Bulacan

MTC Meycauayan Branch 1


Branch 1
Meycauayan, Bulacan

RTC
Branch 22
Malolos City, Bulacan