CA orders woman: Pay bad checks

CEBU, Philippines - The Court of Appeals upheld the decision of the Regional Trial Court convicting a woman for issuing checks that do not have sufficient funds to a physician.

 Associate Justice Ramon Paul Hernando of 20th Division denied the appeal of Thelma Aznar that seeks the reversal of the lower court’s ruling finding her guilty of Batas Pambansa (BP) 22 or anti-bouncing check law.

 “We uphold the findings of the RTC in holding that petitioner should simply be fined, double the amount of the check but in no case should it exceed P200,000,” decision reads.

Dr. Editha Vasquez charged Aznar Nov. 2001 for issuing two checks amounting to P546,000.

Aznar was with one Emma Arenajo when she went to the clinic of Vasquez to “rediscount check no. 0120999 in the amount of P326,000 and check no. 0126151 in the amount of P220,000.”

 Vasquez was at first hesitant but was later presuaded with assurance of Aznar and Arenajo that the checks were “fully funded.”

 “Arenajo volunteered to issue checks to cover the said amounts. However, when the private complainant presented the checks to the bank for payment these were dishonored for being drawn against insufficient funds,” the facts of the case reads.

 Vasquez told Aznar that the checks bounced and the doctor demanded cash payment.

But Aznar failed to pay prompting her to file estafa cases before the MTCC against Aznar and Arenajo.

 The MTCC found Aznar guilty and sentenced her to six months imprisonment and ordered to pay the amount with interest of 12 percent per annum.

 Aznar filed an appeal with the RTC. It upheld the decision of the MTCC but with modification.

 “Wherefore, the decision appealed from is affirmed with modification that appellant Aznar is hereby sentenced to pay a fine equivalent to double the amount of the check involved,” decision of the RTC reads.

 Instead of imprisonment, the RTC preferred the imposition of fine stating that “the case clearly indicates good faith” and no intention to cause damage to Vasquez.

 Aznar filed an appeal with the CA but it upheld the lower court’s ruling.  (FREEMAN)