Dear Atty. Maan,
I recently sold equipment worth over P1.8 million to a business contact. As payment, he issued a series of post-dated checks. The transaction and delivery of the equipment and the checks took place at the warehouse in Laguna. However, when I deposited the checks in my bank in Makati, they were all returned due to a closed account. I already sent a demand letter, but he has not made any effort to pay. I’m planning to file a case under BP 22. Can I file the case in Makati where I reside?
Bella
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Dear Bella,
Batas Pambansa Blg. 22, otherwise known as the Bouncing Checks Law, penalizes the act of issuing a check knowing that the issuer does not have sufficient funds or credit to cover its amount. The law also punishes the failure to maintain sufficient funds to cover the check if it is presented within 90 days from the date stated on its face. Notably, BP 22 imposes criminal liability regardless of the issuer’s intent to defraud. Its purpose is to preserve the integrity of checks as a trusted medium of exchange and payment.
With regard to the venue for filing, the Supreme Court in Morillo v. People clarified that violations of BP 22 are considered transitory or continuing crimes. This means that the elements necessary for the commission of the offense may occur in different locations. For example, a check may be issued in one city, delivered in another, and dishonored in a third.
As a result, you may validly file the case in any place where an essential act of the offense occurred — such as where the check was written, delivered, received, deposited or dishonored. However, it must be noted that once a case has been filed and a court has taken jurisdiction over it, that jurisdiction becomes exclusive and bars any similar proceedings in other venues.
Given these options, you may choose the most convenient and appropriate venue among those where parts of the offense took place. It is advisable to consult with your counsel to determine the strongest factual and territorial basis for your complaint.
Hope this helps.
Atty. Mary Antonnette Baudi