Mansion Biscuit Corp vs CA

By -

MANSION BISCUIT CORPORATION, respresented by its president, ANG CHO HONG, petitioner, vs. COURT OF APPEALS, TY TECK SUAN substituted by his heirs, ROSENDA TY, ELIZABETH TY KOH, EDWARD TY, EDMUND TY, EDGAR TY, EVELYN T. LIM, EDWIN TY and EDISON TY, and SIY GUI, respondents. 

G.R. No. 94713 November 23, 1995


FACTS: Sometime in 1981, Ty Teck Suan, as president of Edward Ty Brothers Corporation, ordered numerous canons of nutria-wafer biscuits from Mansion Biscuit Corporation, before the delivery of the goods on November 12, 1981, Ty Teck Suan issued to Ang Cho Hong, president of Mansion Biscuit Corp., four postdated checks totaling P404,980.00 as payment for the nutria-wafer biscuits. Four other postdated checks in the amount of P100,000.00 each were issued by Ty Teck Suan with Siy Gui as Co-signor in December of the same year. Accordingly, Mansion Biscuit Corp. delivered the goods. When the first four checks were deposited, they were all dishonored due to insufficiency of funds. Ang Cho Hong informed Ty Teck Suan of the dishonor and requested him to replace the checks with good cash or good checks. Ty Teck Suan failed to heed said request. Subsequently, Ty Teck Suan delivered a total of 1,150 sacks of Australian flour to Mansion Biscuits plus cash advance by Suan and the amount paid was applied as payment for the first postdated check. Hong sent Suan a formal demand letter requesting the latter to make good the value of the remaining dishonored checks within five days from the receipt thereof. Thereafter, the second batch of checks were issued by Suan and Gui but were all dishonored again. Mansion Biscuit Corporation filed a case against Suan and Gui for violation of Batasang Pambansa Blg. 22 (Bouncing Checks Law)

ISSUE: Whether or not the contention of Ty Teck Suan that the subject checks were issued merely to guarantee or secure fulfillment of the agreement with the complaint.

HELD: The court concludes of the above-mentioned checks by the accused subject to these two criminal cases, and their subsequent dishonor, cannot be considered in violation of the Batasang Pambansa Blg.22 because one important element of the offense is missing: that the check is made or drawn and issued to apply on account or for value and because these were issued to guarantee the fulfillment of an agreement to deliver biscuits by complaint when accused Suan would place orders. Accused are hereby declared not guilty of the offense charged.

Comments

Post a Comment

Popular posts from this blog

Co vs Court of Appeals

By -
ALBINO S. CO,  petitioner,  vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES,  respondents. G.R. No. 100776 October 28, 1993 Facts:                 In connection with an agreement to salvage and refloat asunken vessel — and in payment of his share of the expenses of the salvage operations therein stipulated — petitioner Albino Co delivered to the salvaging firm on September 1, 1983 a check drawn against the Associated Citizens' Bank, postdated November 30, 1983 in the sum of P361,528.00. The check was deposited on January 3, 1984. It was dishonored two days later, the tersely-stated reason given by the bank being: "CLOSED ACCOUNT."                 A criminal complaint for violation of Batas Pambansa Bilang 22 2 was filed by the salvage company against Albino Co with the Regional Trial Court of Pasay City. The case eventuated in Co's conviction of the crime charged, and his being sentenced to suffer a term of imprisonment of sixty (60) days and to inde
Read more

GONZALES vs COMELEC [G.R. No. L-28196, November 9, 1967]

By -
FACTS: On March 16, 1967, the Senate and the House of Representatives passed resolutions No. 1, 2 and 3 – i.e. to increase the seats of the Lower House from 120 to 180; to convoke a Constitutional Convention of 1971; and to amend the Constitution (Section 16, Article VI) so they can become delegates themselves to the Convention.  Subsequently, Congress passed a bill, which, upon approval by the President, on June 17, 1967, became Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at the general elections which shall be held on November 14, 1967. Two cases were filed against this act of Congress:  One an is original action for prohibition, with preliminary injunction by Ramon A. Gonzales, in L-28196, a Filipino citizen, a taxpayer, and a voter. He claims to have instituted case L-28196 as a class unit, for and in behalf of all citizens, taxpayers, and voters simil
Read more

PNB vs CA & Gueco et al

By -
PHILIPPINE NATIONAL BANK VS. COURT OF APPEALS,RITA GUECO TAPNIO,CECILIO GUECO and THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY FACTS: Mrs. Rita Gueco Tapnio was indebted to the Philippine National Bank at San Fernando,Pampanga for the total sum of P2,379.91.  Her indebtedness was a crop loan and was secured by the mortgage on her standing crap including her sugar quota allocation for the agricultural year corresponding to the said standing crop. During agricultural year 1956-1957 Mrs. Tapnio had an excess in her export sugar quota, 1000 piculs which she does not need. Mr. Jacobo Tuazon, a planter harvest less than his sugar quota. Mrs. Tapnio agreed to allow Mr. Tuazon to use her excess sugar quota for the consideration of P2,500.00.  Since the quota of Mrs. Tapnio was mortgaged to the PNB, the contract of lease that Mrs. Tapnio and Mr. Tuazon agreed into had to be approved by the bank. The branch manager required the parties to raise the consideration to P2,800.00 informing
Read more