BACINA [Negotiable Instruments]

ARMILYN MORILLO v. PEOPLE OF THE PHILIPPINES AND NO. Violations of B.P. 22 are transitory or continuing crimes,
RICHARD NATIVIDAD G.R. No. 198270 | December 9, 2015 | meaning that some essential acts may occur in one territory,
Peralta, J. while others in another. In such cases, any court having
jurisdiction over any of the municipalities the elements were
Topic: Notice of Dishonor committed in may exercise jurisdiction over the case.

In Nieva, Jr. v. CA, it was held that the place where the check
FACTS: was deposited or presented for encashment confers
Natividad, with Malong and Nanquil, are contractors under the jurisdiction over the courts in that municipality or territory over
business name RB Custodio Construction in Pampanga. They violations of B.P. 22. The fact that the check had been drawn,
purchased construction materials for a project inside the Subic issued and delivered in Pampanga, did not strip the Makati
Freeport Zone from petitioner Morillo, owner of Amasea General MeTC of its jurisdiction over the case, it being undisputed that
Merchandise and Construction Supplies. Payments were made upon the check had been deposited and presented for encashment
the last delivery to Pampanga, via cash and two post-dated Metrobank at the Makati Branch of Equitable PCIB.
checks.
Upon presentment to her bank account in Makati, the checks
were dishonored, but were subsequently replaced by Natividad.
These checks were again dishonored for the reason “closed account”.
After several demands, Morillo filed two informations for estafa and
violation of B.P. 22 against Natividad and Malong.
The MeTC found all the elements of violation of B.P. 22
present against Natividad, and convicted him, but dismissing the
complaint against Malong. The RTC affirmed. The CA reversed the
ruling due to improper venue, holding that the third element or
dishonor of the checks by the drawee bank happened in Pampanga,
and when Morillo presented them in Makati, she was informed that
they had been dishonored by the Metrobank in Pampanga. Therefore
the Makati courts had no jurisdiction over the case, all elements having
been consummated in Pampanga. CA dismissed without prejudice.

ISSUE: WON all the elements for violation of B.P. 22 were

consummated in Pampanga


HELD: