RAFAEL P. LUNARIA, Lunaria
At this point, Artaiz filed the
vs.
PEOPLE OF THE PHILIPPINES, respondent.
The Facts
Lunar, a cashier of Far East Bank, entered into a
partnership agreement with complainant Artaiz
The lending business progressed satisfactorily and
sufficient trust was established that they both
agreed to issue pre-signed checks to each other,
for their mutual convenience. The checks were
signed but had no payee's name, date or amount,
and each was given the authority to fill these
blanks based on each other's advice.
One of the checks issued by Lunaria was
dishonored for insufficient funds.
When Artaiz went to Lunaria to ask why the
latter's check had bounced, Lunaria told Artaiz
that he had been implicated in a murder case and
therefore could not raise the money to fund the
check.
Lunaria requested Artaiz not to deposit the other
checks that would become due as he still had a
case.
Lunaria was charged with murder but was
eventually acquitted in December 1990.
According to Artaiz, he went to Lunaria in May
1990, after he was released on bail, and demanded
payment for the money owed Artaiz. Lunaria
again requested more time to prepare the money
and collect on the loans. Artaiz agreed. In June
1990, Lunaria allegedly went to Artaiz's residence
where both had an accounting. It was supposedly
agreed that Lunaria owed Artaiz P844k and
Lunaria issued a check in that amount, post-dated
to December 1990.
When the check became due and demandable,
Artaiz deposited it. The check was dishonored as
the account had been closed. A demand letter was
subsequently sent to Lunaria, informing him of
the dishonor of his check, and to the obligation.
Artaiz also went to Lunaria's house to get a
settlement.and the latter proposed that his house
and lot be given as security. But after Artaiz's
lawyer had prepared the document, Lunaria
refused to sign.
instant case.
The RTC found Lunaria guilty On appeal, the CA
affirmed.
The Issues
I. WON CA correct in not reversing the RTC
decision convicting Lunaria for violation of B.P.
Bilang 22;
II. WON that the prosecution failed to establish
the elements of the crime of the violation of B.P.
Bilang 22:
The Ruling
The SC found that, the elements of the crime have
been established by the prosecution, i.e.,
(1) the making, drawing, and issuance of any
check to apply for value;
(2) the knowledge of the maker, drawer, or issuer
that at the time of issue he does not have
sufficient funds for the payment of the check;
and
(3) the subsequent dishonor of the check by the
drawee bank for insufficiency of funds or credit or
dishonor for the same reason had not the drawer,
ordered the bank to stop payment.
Under the first element, Lunaria wants Us to
believe that he did not draw and issue the check
for a consideration because under the NIL the
subject check "was not complete in form at the
time it was given to Artaiz."
However, it should be borne in mind that the
exchange of the pre-signed checks without date
and amount between the parties had been their
practice for almost a year cos of their money-
lending business. They had authority to fill up
blanks upon information that a check can then be
issued.
Thus, under the Negotiable Instruments Law,
Section 14 of which reads:
"Blanks, when may be filled. - Where the
instrument is wanting in any material particular,
the person in possession thereof has prima facie
authority to complete it by filling up the blanks
therein. xxx"

Having failed to prove lack of authority, it can be

presumed that Artaiz was within his rights to fill
up blanks on the check.

Under the second element, Lunaria states that the

making and issuing of the check was devoid of
consideration.

However, it should be noted that when lack of

consideration is claimed, it pertains to total lack
of consideration. In this case, records show that
Lunaria recognized that there was an amount due
to Artaiz, such that he had his own version of
computation with respect to the amount he owed
to Artaiz.

It bears repeating that the lack of criminal intent

on the part of the accused is irrelevant. The law
has made the mere act of issuing a worthless
check a malum prohibitum, an act proscribed by
legislature for being deemed pernicious and
inimical to public welfare.