The Supreme Court ruled that a Court of Appeals (CA) cannot overturn a trial court’s acquittal of an accused based solely on an alleged misinterpretation of evidence. An acquittal is final and immediately executory, and can only be reviewed through a petition for certiorari if the prosecution was denied due process or the trial was a sham. This decision reinforces the constitutional right against double jeopardy, protecting individuals from being tried again for the same crime once acquitted.

Dishonored Checks & Disputed Notice: Can a Technicality Overturn an Acquittal?

Maria Nympha Mandagan was accused of violating Batas Pambansa Blg. 22 (B.P. 22), also known as the Bouncing Checks Law. The prosecution argued that Mandagan issued several checks to Jose M. Valero Corporation (JMV Corporation) that were later dishonored due to insufficient funds. The Metropolitan Trial Court (MeTC) found her guilty, but the Regional Trial Court (RTC) reversed the decision and acquitted her, citing the prosecution’s failure to prove that Mandagan received a proper notice of dishonor for the bounced checks. JMV Corporation then appealed to the Court of Appeals, which overturned the RTC’s acquittal, leading Mandagan to elevate the case to the Supreme Court.

At the heart of this case is the principle of double jeopardy, which protects an individual from being tried twice for the same offense once they have been acquitted. The Supreme Court has consistently held that a judgment of acquittal is immediately final and unappealable. This rule stems from the constitutional guarantee against being placed in double jeopardy. However, there are limited exceptions where a review of an acquittal may be allowed.

The extraordinary remedy of a Rule 65 petition for certiorari is the established exception. However, such review is only permissible where the prosecution has been denied due process or where the trial was a sham. In other words, the trial court must have acted with grave abuse of discretion amounting to lack or excess of jurisdiction. The Supreme Court, in People v. Court of Appeals, clarified this point:

x x x [F]or an acquittal to be considered tainted with grave abuse of discretion, there must be a showing that the prosecution’s right to due process was violated or that the trial conducted was a sham.

Although the dismissal order is not subject to appeal, it is still reviewable but only through certiorari under Rule 65 of the Rules of Court. For the writ to issue, the trial court must be shown to have acted with grave abuse of discretion amounting to lack or excess of jurisdiction such as where the prosecution was denied the opportunity to present its case or where the trial was a sham thus rendering the assailed judgment void. The burden is on the petitioner to clearly demonstrate that the trial court blatantly abused its authority to a point so grave as to deprive it of its very power to dispense justice.

Here, the CA reversed the RTC’s acquittal, stating that the RTC committed grave abuse of discretion by misinterpreting the evidence. The CA argued that Mandagan’s admissions during the preliminary conference and in her counter-affidavit, along with an acknowledgment from her counsel, proved that she had received the notice of dishonor. The Supreme Court, however, disagreed with the CA’s reasoning.

The Supreme Court emphasized that a writ of certiorari is narrow in scope and is not meant to correct errors of law or mistakes in the appreciation of evidence. It is reserved for jurisdictional errors and cannot be used to correct factual findings of a lower tribunal. In People v. Sandiganbayan, the Court succinctly stated:

x x x Judicial review in certiorari proceedings shall be confined to the question of whether the judgment for acquittal is per se void on jurisdictional grounds. The court will look into the decision’s validity — if it was rendered by a court without jurisdiction or if the court acted with grave abuse of discretion amounting to lack or excess of jurisdiction — not on its legal correctness. x x x

Even if the court a quo committed an error in its review of the evidence or application of the law, these are merely errors of judgment. We reiterate that the extraordinary writ of certiorari may only correct errors of jurisdiction including the commission of grave abuse of discretion amounting to lack or excess of jurisdiction. For as long as the court acted within its jurisdiction, an error of judgment that it may commit in the exercise thereof is not correctable through the special civil action of certiorari. The review of the records and evaluation of the evidence anew will result in a circumvention of the constitutional proscription against double jeopardy.

In cases of B.P. 22 violations, the prosecution must prove the following elements: (1) the making, drawing, and issuance of any check to apply for account or for value; (2) the knowledge of the maker, drawer, or issuer that at the time of issue there were no sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and (3) the dishonor of the check by the drawee bank for insufficiency of funds or credit or the dishonor for the same reason had not the drawer, without any valid cause, ordered the drawee bank to stop payment.

The Supreme Court found that the critical element in this case was the notice of dishonor. The court referred to its previous ruling in Dico v. Court of Appeals, explaining its importance:

To hold a person liable under B.P. Blg. 22, the prosecution must not only establish that a check was issued and that the same was subsequently dishonored, it must further be shown that accused knew at the time of the issuance of the check that he did not have sufficient funds or credit with the drawee bank for the payment of such check in full upon its presentment.

This knowledge of insufficiency of funds or credit at the time of the issuance of the check is the second element of the offense. Inasmuch as this element involves a state of mind of the person making, drawing or issuing the check which is difficult to prove, Section 2 of B.P. Blg. 22 creates a prima facie presumption of such knowledge.

For this presumption to arise, the prosecution must prove the following: (a) the check is presented within ninety (90) days from the date of the check; (b) the drawer or maker of the check receives notice that such check has not been paid by the drawee; and (c) the drawer or maker of the check fails to pay the holder of the check the amount due thereon, or make arrangements for payment in full within five (5) banking days after receiving notice that such check has not been paid by the drawee. In other words, the presumption is brought into existence only after it is proved that the issuer had received a notice of dishonor and that within five days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment. The presumption or prima facie evidence as provided in this section cannot arise, if such notice of nonpayment by the drawee bank is not sent to the maker or drawer, or if there is no proof as to when such notice was received by the drawer, since there would simply be no way of reckoning the crucial 5-day period.

A notice of dishonor received by the maker or drawer of the check is thus indispensable before a conviction can ensue. The notice of dishonor may be sent by the offended party or the drawee bank. The notice must be in writing. A mere oral notice to pay a dishonored check will not suffice. The lack of a written notice is fatal for the prosecution.

The RTC concluded that the prosecution failed to provide sufficient evidence of Mandagan’s receipt of the notice of dishonor. The RTC did not rely on admissions allegedly made by Mandagan during the preliminary conference or in her counter-affidavit. The Supreme Court agreed with the RTC, stating that the CA erred in overturning the acquittal based on a misinterpretation of the evidence.

The Supreme Court also pointed out that a Reply-Letter dated June 27, 2003, which the CA considered as proof of Mandagan’s receipt of the notice of dishonor, was not formally offered as evidence by the prosecution. As such, it should not have been considered by the CA. As the Supreme Court stated in Candido v. Court of Appeals:

We are not persuaded. It is settled that courts will only consider as evidence that which has been formally offered. The affidavit of petitioner Natividad Candido mentioning the provisional rate of rentals was never formally offered; neither the alleged certification by the Ministry of Agrarian Reform. Not having been formally offered, the affidavit and certification cannot be considered as evidence. Thus the trial court as well as the appellate court correctly disregarded them. If they neglected to offer those documents in evidence, however vital they may be, petitioners only have themselves to blame, not respondent who was not even given a chance to object as the documents were never offered in evidence.

A document, or any article for that matter, is not evidence when it is simply marked for identification; it must be formally offered, and the opposing counsel given an opportunity to object to it or cross examine the witness called upon to prove or identify it. A formal offer is necessary since judges are required to base their findings of fact and judgment only — and strictly — upon the evidence offered by the parties at the trial. To allow a party to attach any document to his pleading and then expect the court to consider it as evidence may draw unwarranted consequences. The opposing party will be deprived of his chance to examine the document and object to its admissibility. The appellate court will have difficulty reviewing documents not previously scrutinized by the court below. The pertinent provisions of the Revised Rules of Court on the inclusion on appeal of documentary evidence or exhibits in the records cannot be stretched as to include such pleadings or documents not offered at the hearing of the case.

The Supreme Court ultimately ruled that the CA committed reversible error in annulling the RTC’s Decision. The High Court also emphasized that the prosecution bears the burden of proving each element of the crime beyond a reasonable doubt, and if the evidence falls short, an acquittal should follow. Despite acquitting Mandagan, the Court upheld the civil liability imposed by the RTC, ordering her to pay JMV Corporation the amount of P102,368.00, with applicable interest rates.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals (CA) could overturn the Regional Trial Court’s (RTC) acquittal of the accused based on a perceived error in appreciating the evidence. The Supreme Court ultimately ruled that the CA could not.
What is double jeopardy, and why is it relevant here?	Double jeopardy is a constitutional protection that prevents an individual from being tried twice for the same offense once acquitted. This principle was relevant because the CA’s reversal of the acquittal could have violated Mandagan’s right against double jeopardy.
What are the elements of violating B.P. 22 (Bouncing Checks Law)?	The elements are: (1) issuing a check for account or value; (2) knowing there were insufficient funds; and (3) the check being dishonored for insufficient funds or credit.
Why was the notice of dishonor so crucial in this case?	The notice of dishonor is crucial because it establishes the accused’s knowledge of insufficient funds, triggering a presumption of guilt under B.P. 22. Without proof of receipt of this notice, the prosecution cannot establish a key element of the crime.
What is a writ of certiorari, and when can it be used to review an acquittal?	A writ of certiorari is an extraordinary remedy used to correct jurisdictional errors or grave abuse of discretion. It can only be used to review an acquittal if the prosecution was denied due process or the trial was a sham.
Why wasn’t the Reply-Letter considered as evidence by the Supreme Court?	The Reply-Letter was not formally offered as evidence by the prosecution during the trial. The Supreme Court held that courts can only consider evidence that has been formally offered, giving the opposing party a chance to object.
What was the final ruling of the Supreme Court in this case?	The Supreme Court reversed the CA’s decision, reinstated the RTC’s acquittal of Maria Nympha Mandagan, and ordered her to pay Jose M. Valero Corporation the amount of P102,368.00 with interest.
What is the significance of this ruling?	This ruling reinforces the principle of double jeopardy and clarifies the limited circumstances under which an acquittal can be reviewed. It emphasizes the prosecution’s burden to prove all elements of a crime beyond a reasonable doubt.

This case underscores the importance of due process and the constitutional protection against double jeopardy. The Supreme Court’s decision clarifies the boundaries of appellate review in criminal cases, emphasizing that acquittals based on reasonable doubt cannot be overturned merely on a different interpretation of evidence. The prosecution carries the burden to prove each element of a crime, including the crucial notice of dishonor in B.P. 22 cases, beyond a reasonable doubt.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: MARIA NYMPHA MANDAGAN v. JOSE M. VALERO CORPORATION, G.R. No. 215118, June 19, 2019