The ruling issued by the Regional Trial Court of Pasig City was affirmed by the Court of Appeals (CA), which acquitted the wife of celebrity chef Bruce Anthony Lim  of  four counts of violation of Batas Pambansa (BP) 22, or the "Anti-Bouncing Check Law,” in connection with her P20 million loan obtained  from a private individual in 2016.    

The CA’s Special First Division, in a 27-page decision penned by Acting Presiding Justice Fernanda Lampas Peralta, denied the petition filed by private complainant Felice Tjondro Negoro against Michelle Katherine  Lim seeking the reversal of the ruling issued by the Pasig RTC on 30 June 2023. 

The lower court ruling reversed and set aside the decision dated 28 November 2022, issued by Metropolitan Trial Court (MeTC) Branch 58, finding Lim guilty for four counts of violation of BP Blg. 22.     

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

The CA is dismissing the charges for violation of BP Blg. 22 against Lim, agreed with the Pasig RTC that the accused should be exonerated from criminal liability because there was full payment of the amount of the three of the four dishonored checks  amounting to P15.7 million.      

It pointed out that the remaining check was dishonored not by reason of insufficiency of funds but by reason of “garnished account,” which was not contemplated under 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.  

It added, “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."

The CA, in affirming Lim’s civil liability, dismissed Lim’s argument that she cannot be held personally liable for the subject checks because the P20 million loan was a business transaction of Mise En Plus Foods, Inc. (MEPFI), which she obtained in her capacity as company president, and  that Negoro should have filed its claim against MEPFI before the proper insolvency court since the company is under corporate rehabilitation.