Ex-mayor charged for bouncing check

CEBU, Philippines - Former Cebu City mayor Alvin Garcia was charged in court for violation of the Anti-Bouncing Check Law after he allegedly “stopped payment” of a check he issued sometime in 2013 payable to cash.

Prosecutor Jill Ann Gealon indicted the former mayor after finding probable cause in the complaint filed by Marcelo B. Fua, Jr., of Barangay Casuntingan, Mandaue City.  Fua, who is engaged in check rediscounting business, alleged that a certain Rosalyn Lastimosa presented to him a postdated check in the amount of P100,000 for rediscounting in June 2013. The check was dated July 5, 2013.

The P100,000 amount of the check was to be drawn from Garcia’s Union Bank account. Considering that the owner of the account was the former mayor, Fua said he accepted the check.

However, the check was dishonored when he presented the check for payment at the Bank of Commerce Juan Luna branch on July 24, 2014.

Fua said he made verbal as well as written demands to Garcia to settle his obligation but the former mayor refused to honor it.

The prosecutor’s office resolved to elevate the complaint before the Municipal Trial Court in Cities after finding that all elements of Batas Pambansa Bilang 22 otherwise known as the Anti-Bouncing Check Law were present in the case.

“Considering that a probable cause exists to hold respondent for trial of the crime charged and in accordance with Section 1, Rule 112 of the Revised Rules of Court, this case is filed in court without any preliminary investigation conducted, as the same is not a matter of right,” read the resolution of the prosecutor’s office.  (FREEMAN)