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Celebrity chef’s wife off the hook

Court of Appeals (CA)
Court of Appeals (CA)
Published on

The Court of Appeals (CA) has affirmed a ruling that acquitted the wife of celebrity chef Bruce Anthony Lim — Michelle Katherine Lim — of four counts of violating the Anti-Bouncing Check Law (BP 22).

In a 27-page decision penned by Acting Presiding Justice Fernanda Lampas Peralta, the CA’s Special First Division denied a petition filed by private complainant Felice Tjondro Negoro seeking to reverse the Pasig Regional Trial Court’s (RTC) ruling of 30 June 2023.

The lower court had previously reversed and set aside a decision by the Metropolitan Trial Court Branch 58 that found Lim guilty of four counts of violating BP Blg. 22.

“The party questioning the acquittal of an accused should be able to clearly establish that the trial court blatantly abused its discretion such that it was deprived of its authority to dispense justice,” the CA said.

“There is no showing that the prosecution’s right to due process was violated or the proceedings before the RTC were a mockery, such that Michelle Katherine Y. Lim’s acquittal was already predetermined or a foregone conclusion,” it added.

While the CA dismissed the criminal charges against Lim, it affirmed the Pasig RTC’s ruling that she is civilly liable to pay Negoro P4.3 million plus six percent interest per annum, representing the unpaid balance of her loan.

The CA agreed with the Pasig RTC that Lim should be exonerated from criminal liability because three of the four dishonored checks were fully paid. The remaining check was dishonored due to a garnished account, which is not covered under BP Blg. 22.

The CA dismissed Lim’s argument that she cannot be held personally liable for the checks because the P20-million loan was a business transaction of Mise En Plus Foods Inc., where she served as company president.

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