G.R. No. 155815 - KENNETH NGO, VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE , judgment is hereby rendered as follows: 1. In Criminal Cases Nos. 18200-89 and 18201-89, the decision of the court a quo is AFFIRMED with the following MODIFICATIONS : a) In Criminal Case No. 18200-89 - the penalty of imprisonment is DELETED , and in lieu thereof, the [petitioner] is directed to pay a fine in the sum of x x x P150,000.00 with subsidiary imprisonment in case of insolvency to pay fine and to pay the costs; b) In Criminal Case No. 18201-89 - the penalty of imprisonment is DELETED , and in lieu thereof, the [petitioner] is directed to pay a fine in the sum of P150,000.00 with subsidiary imprisonment in case of insolvency to pay fine and to pay the costs; 2) In Criminal Case No. 18202-89 - [petitioner] is hereby ACQUITTED on reasonable doubt. As regards the civil liability, the [petitioner] is ordered to pay complainant Paul Gotianse the amount of P75,000.00 with legal interest from the date of the filing of this case until fully paid. [4] The assailed Resolution denied reconsideration. The Facts The antecedents are narrated by the CA as follows: (1) Three separate Informations were filed before the Regional Trial Court, Branch 15, Davao City against the [petitioner] charging him with Violation of Batas Pambansa Blg. 22 [BP 22], which are identical in contents except as to their respective date[s] of issue and check number[s]. The identical allegations of the three (3) separate Informations read as follows: That on or about October, 1988 in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the [petitioner], knowing fully well that he had no sufficient funds in the drawee bank, wil[l]fully, unlawfully and feloniously issued and/or made out EBC Check No. __________ postdated ______________ in the amount of P75,000.00 in favor of Paul Gotianse in payment of an obligation; but when said check was presented to the drawee bank for encashment, the same was dishonored for the reason Drawn Against Insufficient Funds and despite notice of dishonor and demands upon said accused to make good the check, the same refused and failed to make payment, to the damage and prejudice of the herein complainant in the aforesaid amount of P75,000.00. Case No. Check No. DATE AMOUNT 18200-89 EBC-22976156 2/12/89 75,000.00 18201-89 EBC-22976157 3/12/89 75,000.00 18202-89 EBC-22976158 4/12/89 75,000.00 (2) Upon arraignment on September 29, 1989, [petitioner] entered a plea of not guilty to all the charges. (3) Joint trial proceeded where the prosecution presented evidence to show that complainant Paul Gotianse is a businessman and an officer of Northern Hill Development Corporation. Sometime in October 1988, in Davao City, [Petitioner] Kenneth Ngo, in settlement of the indebtedness he had incurred with Northern Hill Development Corporation, issued eight postdated checks payable to complainant and all drawn against the Equitable Banking Corporation. The first five checks were honored by the drawee bank but