SECOND DIVISION

[G.R. No. 117857. February 2, 2001.]

LUIS S. WONG , petitioner, vs . COURT OF APPEALS and PEOPLE OF

THE PHILIPPINES , respondents.

Atty. Agapito P. Pagayanan and Taada Vivo & Tan for petitioner.
The Solicitor General for respondents.
SYNOPSIS
Petitioner Wong was an agent of Limtong Press Inc. (LPI), a manufacturer of calendars. He
had a history of unremitted collections, which he duly acknowledged in a confirmation
receipt he co-signed with his wife for LPI. Hence, petitioner's costumers were required to
issue postdated checks before LPI would accept their purchase orders. Wong issued 6
postdated checks all dated December 30, 1985 and drawn payable to the order of LPI. The
checks were initially intended to guarantee the calendar orders of customers who failed to
issue postdated checks. However, following company policy, LPI refused to accept the
checks as guarantees. Instead, the parties agreed to apply the checks to the payment of
petitioner's unremitted collections for 1984. Before maturity of the checks, petitioner
prevailed upon LPI not to deposit the checks and promised to replace them within 30
days. He failed to honor his words and upon deposit of LPI, the checks were returned for
the reason of "account closed." After being notified, petitioner still failed to make
arrangement for payments. He was charged with three counts of violation of B.P. Blg. 22
under three separate informations, all cases were raffled to the same trial court. Upon
arraignment, Wong pleaded not guilty. After trial, the court issued its decision finding the
accused guilty on all charges and was sentenced to serve an imprisonment of four months
on each of the charge. He was also ordered to pay the amount due plus interest and trial
costs. Petitioner appealed his case to the Court of Appeals, which affirmed his conviction.
Hence, this appeal. CTacSE

According to the Supreme Court the issue on whether the check was issued as guarantee
or as payment for the petitioner's unremitted collections was a factual issue, which had
been settled by the trial court and the Court of Appeals. Although Manuel Limtong, owner
of the LPI, was the sole witness for the prosecution, his testimony was found sufficient to
prove all the elements of the offense charged. Despite petitioner's insistent plea of
innocence, the Court found no error in the Court of Appeal's affirmance of his conviction
for violations of the Bouncing Checks Law. However, pursuant to policy guidelines in
Administrative Circular No. 12-2000, the penalty imposed on petitioner should be modified
to a fine not less than but not more than double the amount of the checks that were
dishonored.

SYLLABUS

1. CRIMINAL LAW; VIOLATION OF B.P. BLG. 22; WHEN COMMITTED. There are two
(2) ways of violating B.P. Blg. 22: (1) by making or drawing and issuing a check to apply on
account or for value knowing at the time of issue that the check is not sufficiently funded;
and (2) by having sufficient funds in or credit with the drawee bank at the time of issue but
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 failing to keep sufficient funds therein or credit with said bank to cover the full amount of
the check when presented to the drawee bank within a period of ninety (90) days.
2. ID.; ID.; MERE ACT OF ISSUING A WORTHLESS CHECK IS MALUM PROHIBITUM;
RATIONALE. In cases elevated from the Court of Appeals, our review is confined to
alleged errors of law. Its findings of fact are generally conclusive. Absent any showing that
the findings by the respondent court are entirely devoid of any substantiation on record,
the same must stand. The lack of accounting between the parties is not the issue in this
case. As repeatedly held, this Court is not a trier of facts. Moreover, in Llamado v. Court of
Appeals, we held that "[t]o determine the reason for which checks are issued, or the terms
and conditions for their issuance, will greatly erode the faith the public reposes in the
stability and commercial value of checks as currency substitutes, and bring about havoc in
trade and in banking communities. So what the law punishes is the issuance of a bouncing
check and not the purpose for which it was issued nor the terms and conditions relating to
its issuance. The mere act of issuing a worthless check is malum prohibitum." Nothing
herein persuades us to hold otherwise.
3. ID.; ID.; ELEMENTS THEREOF, CONSTRUED. The elements of B.P. Blg. 22 under the
first situation, pertinent to the present case, are: "(1) The making, drawing and issuance of
any check to apply for 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 such 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." An essential element of the offense is "knowledge" on the part of
the maker or drawer of the check of the insufficiency of his funds in or credit with the bank
to cover the check upon its presentment. Since this involves a state of mind difficult to
establish, the statute itself creates a prima facie presumption of such knowledge where
payment of the check "is refused by the drawee because of insufficient funds in or credit
with such bank when presented within ninety (90) days from the date of the check." To
mitigate the harshness of the law in its application, the statute provides that such
presumption shall not arise if within five (5) banking days from receipt of the notice of
dishonor, the maker or drawer makes arrangements for payment of the check by the bank
or pays the holder the amount of the check. Rather, the clear import of the law is to
establish a prima facie presumption of knowledge of such insufficiency of funds under the
following conditions (1) presentment within 90 days from date of the check, and (2) the
dishonor of the check and failure of the maker to make arrangements for payment in full
within 5 banking days after notice thereof. That the check must be deposited within ninety
(90) days is simply one of the conditions for the prima facie presumption of knowledge of
lack of funds to arise. It is not an element of the offense. Neither does it discharge
petitioner from his duty to maintain sufficient funds in the account within a reasonable
time thereof. Under Section 186 of the Negotiable Instruments Law, "a check must be
presented for payment within a reasonable time after its issue or the drawer will be
discharged from liability thereon to the extent of the loss caused by the delay." By current
banking practice, a check becomes stale after more than six (6) months, or 180 days.
Private respondent herein deposited the checks 157 days after the date of the check.
Hence said checks cannot be considered stale. Only the presumption of knowledge of
insufficiency of funds was lost, but such knowledge could still be proven by direct or
circumstantial evidence. As found by the trial court, private respondent did not deposit the
checks because of the reassurance of petitioner that he would issue new checks. Upon his
failure to do so, LPI was constrained to deposit the said checks. After the checks were
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 dishonored, petitioner was duly notified of such fact but failed to make arrangements for
full payment within five (5) banking days thereof. There is, on record, sufficient evidence
that petitioner had knowledge of the insufficiency of his funds in or credit with the drawee
bank at the time of issuance of the checks.

DECISION

QUISUMBING , J : p

For review on certiorari is the decision dated October 28, 1994 of the Court of Appeals in
C.A. G.R. CR 11856 1 which affirmed the decision of the Regional Trial Court of Cebu City,
Branch 17, convicting petitioner on three (3) counts of Batas Pambansa Blg. 22 (the
Bouncing Checks Law) violations and sentencing him to imprisonment of four (4) months
for each count, and to pay private respondent the amounts of P5,500.00, P6,410.00 and
P3,375.00, respectively, corresponding to the value of the checks involved, with the legal
rate of interest from the time of filing of the criminal charges, as well as to pay the costs.
The factual antecedents of the case are as follows:
Petitioner Wong was an agent of Limtong Press Inc. (LPI), a manufacturer of calendars.
LPI would print sample calendars, then give them to agents to present to customers. The
agents would get the purchase orders of customers and forward them to LPI. After
printing the calendars, LPI would ship the calendars directly to the customers. Thereafter,
the agents would come around to collect the payments. Petitioner, however, had a history
of unremitted collections, which he duly acknowledged in a confirmation receipt he co-
signed with his wife. 2 Hence, petitioner's customers were required to issue postdated
checks before LPI would accept their purchase orders.
In early December 1985, Wong issued six (6) postdated checks totaling P18,025.00, all
dated December 30, 1985 and drawn payable to the order of LPI, as follows:
(1) Allied Banking Corporation (ABC) Check No. 660143464-C for P6,410.00
(Exh. "B");
(2) ABC Check No. 660143460-C for P 540.00 (Exh. "C");

(3) ABC Check No. PA660143451-C for P5,500.00 (Exh. "D");

(4) ABC Check No. PA660143465-C for P1,100.00 (Exh. "E");
(5) ABC Check No. PA660143463-C for P3,375.00 (Exh. "F");

(6) ABC Check No. PA660143452-C for P1,100.00 (Exh. "G").

These checks were initially intended to guarantee the calendar orders of customers who
failed to issue post-dated checks. However, following company policy, LPI refused to
accept the checks as guarantees. Instead, the parties agreed to apply the checks to the
payment of petitioner's unremitted collections for 1984 amounting to P18,077.07. 3 LPI
waived the P52.07 difference.
Before the maturity of the checks, petitioner prevailed upon LPI not to deposit the checks
and promised to replace them within 30 days. However, petitioner reneged on his promise.
Hence, on June 5, 1986, LPI deposited the checks with Rizal Commercial Banking
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 Corporation (RCBC). The checks were returned for the reason "account closed." The
dishonor of the checks was evidenced by the RCBC return slip.

On June 20, 1986, complainant through counsel notified the petitioner of the dishonor.
Petitioner failed to make arrangements for payment within five (5) banking days.
On November 6, 1987, petitioner was charged with three (3) counts of violation of B.P. Blg.
22 4 under three separate Informations for the three checks amounting to P5,500.00,
P3,375.00, and P6,410.00. 5
The Information in Criminal Case No. CBU-12055 reads as follows: 6
That on or about the 30th day of December, 1985 and for sometime subsequent
thereto, in the City of Cebu, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, knowing at the time of issue of the check
she/he does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, with deliberate intent, with
intent of gain and of causing damage, did then and there issue, make or draw
Allied Banking Corporation Check No. 660143451 dated 12-30-85 in the amount
of P5,500.00 payable to Manuel T. Limtong which check was issued in payment
of an obligation of said accused, but when the said check was presented with
said bank, the same was dishonored for reason 'ACCOUNT CLOSED' and despite
notice and demands made to redeem or make good said check, said accused
failed and refused, and up to the present time still fails and refuses to do so, to
the damage and prejudice of said Manuel T. Limtong in the amount of P5,500.00
Philippine Currency.

Contrary to law.

Petitioner was similarly charged in Criminal Case No. 12057 for ABC Check No.
660143463 in the amount of P3,375.00, and in Criminal Case No. 12058 for ABC Check
No. 660143464 for P6,410.00. Both cases were raffled to the same trial court.
Upon arraignment, Wong pleaded not guilty. Trial ensued.
Manuel T. Limtong, general manager of LPI, testified on behalf of the company. Limtong
averred that he refused to accept the personal checks of petitioner since it was against
company policy to accept personal checks from agents. Hence, he and petitioner simply
agreed to use the checks to pay petitioner's unremitted collections to LPI. According to
Limtong, a few days before maturity of the checks, Wong requested him to defer the
deposit of said checks for lack of funds. Wong promised to replace them within thirty
days, but failed to do so. Hence, upon advice of counsel, he deposited the checks which
were subsequently returned on the ground of "account closed."
The version of the defense is that petitioner issued the six (6) checks to guarantee the
1985 calendar bookings of his customers. According to petitioner, he issued the checks
not as payment for any obligation, but to guarantee the orders of his customers. In fact,
the face value of the six (6) postdated checks tallied with the total amount of the calendar
orders of the six (6) customers of the accused, namely, Golden Friendship Supermarket,
Inc. (P6,410.00), New Society Rice and Corn Mill (P5,500.00), Cuesta Enterprises
(P540.00), Pelrico Marketing (P1,100.00), New Asia Restaurant (P3,375.00), and New
China Restaurant (P1,100.00). Although these customers had already paid their respective
orders, petitioner claimed LPI did not return the said checks to him.
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 On August 30, 1990, the trial court issued its decision, disposing as follows: 7 CTHaSD

"Wherefore, premises considered, this Court finds the accused Luis S. Wong
GUILTY beyond reasonable doubt of the offense of Violations of Section 1 of
Batas Pambansa Bilang 22 in THREE (3) Counts and is hereby sentenced to serve
an imprisonment of FOUR (4) MONTHS for each count; to pay Private
Complainant Manuel T. Limtong the sums of Five Thousand Five Hundred
(P5,500.00) Pesos, Six Thousand Four Hundred Ten (P6,410.00) Pesos and Three
Thousand Three Hundred Seventy-Five (P3,375.00) Pesos corresponding to the
amounts indicated in Allied Banking Checks Nos. 660143451, 66[0]143464 and
660143463 all issued on December 30, 1985 together with the legal rate of
interest from the time of the filing of the criminal charges in Court and pay the
costs." 8

Petitioner appealed his conviction to the Court of Appeals. On October 28, 1994, it
affirmed the trial court's decision in toto. 9
Hence, the present petition. 1 0 Petitioner raises the following questions of law 1 1
May a complainant successfully prosecute a case under BP 22 if there is no
more consideration or price or value ever the binding tie that it is in contracts in
general and in negotiable instruments in particular behind the checks? if
even before he deposits the checks, he has ceased to be a holder for value
because the purchase orders (PO's) guaranteed by the checks were already paid?

Given the fact that the checks lost their reason for being, as above stated, is it not
then the duty of complainant knowing he is no longer a holder for value to
return the checks and not to deposit them ever? Upon what legal basis then may
such a holder deposit them and get paid twice?
Is petitioner, as the drawer of the guarantee checks which lost their reason for
being, still bound under BP 22 to maintain his account long after 90 days from
maturity of the checks?

May the prosecution apply the prima facie presumption of "knowledge of lack of
funds" against the drawer if the checks were belatedly deposited by the
complainant 157 days after maturity, or will it be then necessary for the
prosecution to show actual proof of "lack of funds" during the 90-day term?

Petitioner insists that the checks were issued as guarantees for the 1985 purchase orders
(PO's) of his customers. He contends that private respondent is not a "holder for value"
considering that the checks were deposited by private respondent after the customers
already paid their orders. Instead of depositing the checks, private respondent should have
returned the checks to him. Petitioner further assails the credibility of complainant
considering that his answers to cross-examination questions included: "I cannot recall,
anymore" and "We have no more record."
In his Comment, 1 2 the Solicitor General concedes that the checks might have been initially
intended by petitioner to guarantee payments due from customers, but upon the refusal of
LPI to accept said personal checks per company policy, the parties had agreed that the
checks would be used to pay off petitioner's unremitted collections. Petitioner's
contention that he did not demand the return of the checks because he trusted LPI's good
faith is contrary to human nature and sound business practice, according to the Solicitor
General.

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 The issue as to whether the checks were issued merely as guarantee or for payment of
petitioner's unremitted collections is a factual issue involving as it does the credibility of
witnesses. Said factual issue has been settled by the trial court and Court of Appeals.
Although initially intended to be used as guarantee for the purchase orders of customers,
they found the checks were eventually used to settle the remaining obligations of
petitioner with LPI. Although Manuel Limtong was the sole witness for the prosecution, his
testimony was found sufficient to prove all the elements of the offense charged. 1 3 We find
no cogent reason to depart from findings of both the trial and appellate courts. In cases
elevated from the Court of Appeals, our review is confined to alleged errors of law. Its
findings of fact are generally conclusive. Absent any showing that the findings by the
respondent court are entirely devoid of any substantiation on record, the same must stand.
1 4 The lack of accounting between the parties is not the issue in this case. As repeatedly
held, this Court is not a trier of facts. 1 5 Moreover, in Llamado v. Court of Appeals, 1 6 we
held that "[t]o determine the reason for which checks are issued, or the terms and
conditions for their issuance, will greatly erode the faith the public reposes in the stability
and commercial value of checks as currency substitutes, and bring about havoc in trade
and in banking communities. So what the law punishes is the issuance of a bouncing check
and not the purpose for which it was issued nor the terms and conditions relating to its
issuance. The mere act of issuing a worthless check is malum prohibitum." Nothing herein
persuades us to hold otherwise.
The only issue for our resolution now is whether or not the prosecution was able to
establish beyond reasonable doubt all the elements of the offense penalized under B.P.
Blg. 22.
There are two (2) ways of violating B.P. Blg. 22: (1) by making or drawing and issuing a
check to apply on account or for value knowing at the time of issue that the check is not
sufficiently funded; and (2) by having sufficient funds in or credit with the drawee bank at
the time of issue but failing to keep sufficient funds therein or credit with said bank to
cover the full amount of the check when presented to the drawee bank within a period of
ninety (90) days. 1 7
The elements of B.P. Blg. 22 under the first situation, pertinent to the present case, are: 1 8
"(1) The making, drawing and issuance of any check to apply for 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 such 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."

Petitioner contends that the first element does not exist because the checks were not
issued to apply for account or for value. He attempts to distinguish his situation from the
usual "cut-and-dried" B.P. 22 case by claiming that the checks were issued as guarantee
and the obligations they were supposed to guarantee were already paid. This flawed
argument has no factual basis, the RTC and CA having both ruled that the checks were in
payment for unremitted collections, and not as guarantee. Likewise, the argument has no
legal basis, for what B.P. Blg. 22 punishes is the issuance of a bouncing check and not the
purpose for which it was issued nor the terms and conditions relating to its issuance. 1 9
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 As to the second element, B.P. Blg. 22 creates a presumption juris tantum that the second
element prima facie exists when the first and third elements of the offense are present. 2 0
Thus, the maker's knowledge is presumed from the dishonor of the check for insufficiency
of funds. 2 1
Petitioner avers that since the complainant deposited the checks on June 5, 1986, or 157
days after the December 30, 1985 maturity date, the presumption of knowledge of lack of
funds under Section 2 of B.P. Blg. 22 should not apply to him. He further claims that he
should not be expected to keep his bank account active and funded beyond the ninety-day
period.
Section 2 of B.P. Blg. 22 provides:
Evidence of knowledge of insufficient funds. The making, drawing and
issuance of a check payment of which is refused by the drawee because of
insufficient funds in or credit with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie evidence of knowledge of
such insufficiency of funds or credit unless such maker or drawer pays the holder
thereof the amount due thereon, or makes arrangements for payment in full by
the drawee of such check within five (5) banking days after receiving notice that
such check has not been paid by the drawee.

An essential element of the offense is "knowledge" on the part of the maker or drawer of
the check of the insufficiency of his funds in or credit with the bank to cover the check
upon its presentment. Since this involves a state of mind difficult to establish, the statute
itself creates a prima facie presumption of such knowledge where payment of the check
"is refused by the drawee because of insufficient funds in or credit with such bank when
presented within ninety (90) days from the date of the check." To mitigate the harshness
of the law in its application, the statute provides that such presumption shall not arise if
within five (5) banking days from receipt of the notice of dishonor, the maker or drawer
makes arrangements for payment of the check by the bank or pays the holder the amount
of the check. 2 2
Contrary to petitioner's assertions, nowhere in said provision does the law require a maker
to maintain funds in his bank account for only 90 days. Rather, the clear import of the law
is to establish a prima facie presumption of knowledge of such insufficiency of funds
under the following conditions (1) presentment within 90 days from date of the check, and
(2) the dishonor of the check and failure of the maker to make arrangements for payment
in full within 5 banking days after notice thereof. That the check must be deposited within
ninety (90) days is simply one of the conditions for the prima facie presumption of
knowledge of lack of funds to arise. It is not an element of the offense. Neither does it
discharge petitioner from his duty to maintain sufficient funds in the account within a
reasonable time thereof. Under Section 186 of the Negotiable Instruments Law, "a check
must be presented for payment within a reasonable time after its issue or the drawer will
be discharged from liability thereon to the extent of the loss caused by the delay." By
current banking practice, a check becomes stale after more than six (6) months, 2 3 or 180
days. Private respondent herein deposited the checks 157 days after the date of the
check. Hence said checks cannot be considered stale. Only the presumption of knowledge
of insufficiency of funds was lost, but such knowledge could still be proven by direct or
circumstantial evidence. As found by the trial court, private respondent did not deposit the
checks because of the reassurance of petitioner that he would issue new checks. Upon his
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 failure to do so, LPI was constrained to deposit the said checks. After the checks were
dishonored, petitioner was duly notified of such fact but failed to make arrangements for
full payment within five (5) banking days thereof. There is, on record, sufficient evidence
that petitioner had knowledge of the insufficiency of his funds in or credit with the drawee
bank at the time of issuance of the checks. And despite petitioner's insistent plea of
innocence, we find no error in the respondent court's affirmance of his conviction by the
trial court for violations of the Bouncing Checks Law.
However, pursuant to the policy guidelines in Administrative Circular No. 12-2000, which
took effect on November 21, 2000, the penalty imposed on petitioner should now be
modified to a fine of not less than but not more than double the amount of the checks that
were dishonored.
WHEREFORE, the petition is DENIED. Petitioner Luis S. Wong is found liable for violation of
Batas Pambansa Blg. 22 but the penalty imposed on him is hereby MODIFIED so that the
sentence of imprisonment is deleted. Petitioner is ORDERED to pay a FINE of (1)
P6,750.00, equivalent to double the amount of the check involved in Criminal Case No.
CBU-12057, (2) P12,820.00, equivalent to double the amount of the check involved in
Criminal Case No. CBU-12058, and (3) P11,000.00, equivalent to double the amount of the
check involved in Criminal Case No. CBU-12055, with subsidiary imprisonment 2 4 in case
of insolvency to pay the aforesaid fines. Finally, as civil indemnity, petitioner is also ordered
to pay to LPI the face value of said checks totaling P18,025.00 with legal interest thereon
from the time of filing the criminal charges in court, as well as to pay the costs.
SO ORDERED.
Bellosillo, Mendoza, Buena and De Leon, Jr., JJ ., concur.
Footnotes

1. Penned by Associate Justice Alfredo L. Benipayo, concurred in by Justices Ricardo P.

Galvez and Eugenio S. Labitoria.
2. Records, p. 119.
3. Id. at 130.
4. Otherwise known as "An Act Penalizing the Making or Drawing and Issuance of a Check
without Sufficient Funds or Credit and for Other Purposes,"
5. As to the three (3) remaining checks, petitioner was also charged with violation of B.P.
Blg. 22 in the Municipal Trial Court of Cebu City, Branch 3 in Criminal Cases Nos. 25078-
R, 25079-R, and 28440-R. The MTC convicted petitioner but on appeal, the Regional Trial
Court of Cebu City, Branch 14, acquitted him for lack of proof beyond reasonable doubt.
6. Records, p. 89.
7. Rollo, pp. 185-199.
8. Id. at 198-199.
9. Id. at 88-108.
10. Id. at 11-86.
11. Id. at 17.
12. Id. at 290-321.
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 13. Tadeo v. People, 300 SCRA 744, 749 (1998).
14. Bunag Jr. vs. Court of Appeals, 211 SCRA 440, 447-448 (1992); Morales vs. Court of
Appeals, et. al., 197 SCRA 391, 401(1991).
15. Aleria v. Melez, 298 SCRA 611, 618 (1998).
16. 270 SCRA 423, 431 (1997).

17. Section 1, B.P. Blg. 22.

18. Lim v. People, G.R. No. 130038, September 18, 2000, p. 7.
19. Dichaves v. Apalit, A.M. No. MTJ-00-1274, June 8, 2000, p. 6.
20. Sycip Jr. v. Court of Appeals, G.R No. 125059, March 17, 2000, p. 8.
21. Vaca v. Court of Appeals, 298 SCRA 657, 661 (1998).
22. Lozano v. Martinez, 146 SCRA 323, 330-331 (1986).
23. Pacheco v. Court of Appeals, G.R. No. 126670, December 2, 1999, p. 9.
24. Lim v. People, G.R No. 130038, September 18, 2000, p. 11.

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