BANICO, Herminio III

GOJAR, Krizzia
JALIJALI, Crystal
PARIAN, Roy

REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

LARAINE Z. REYES

VS CA GR
SP NO 12345
B.P. BLG. 22
PEOPLE OF THE PHILIPPINES,
Respondent,
x-------------------------------x

PETITION FOR REVIEW

COMES NOW, respondent-private complainant,

CRYSTAL X. BAUTISTA, through the undersigned counsel,
unto this Honorable Court, most respectfully states:

PREFATORY STATEMENT

This is a petition for review filed under Rule 42 of the

Revised Rules of Court. This was originally a complaint for
violation of B.P. BLG. 22 filed against petitioner LARAINE Z.
REYES before MTC Pasig Branch 69 which found LARAINE
Z. REYES guilty beyond reasonable doubt for the violation
of B.P. Blg. 22. The decision of the MTC Pasig Branch 69 was
appealed before RTC Branch 88 Pasig City. RTC Branch 88
Pasig City affirmed the decision of the MTC Pasig Branch 69.

THE PARTIES

Petitioner LARAINE Z. REYES (REYES) is of legal age,

single, Filipino citizen and represented by Sis Boom Ba Law
offices with postal address at 666 Trion Towers, Ortigas, Pasig
City;

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 Public Respondent People of the Philippines is
represented by the Office of the Solicitor General with
postal address at 134 Amorsolo Street, Legazpi Village,
Makati, Kalakhang Maynila.

Private Respondent CRYSTAL X. BAUTISTA

(BAUTISTA) is of legal age, married, Filipino citizen and
represented by Parian- Gojar Law offices with postal address
at 50-C Champion Bldg, Ortigas, Pasig City.

TIMELINESS

Pursuant to Sec 1 Rule 42 of the Revised Rules of Court,

this petition may be filed within 15 days from notice of the
denial of petitioners motion for reconsideration which was
received on August 19, 2015; hence, herein petitioner has
until September 3, 2015 within which to file this petition for
review.

On September 3, 2015, a motion for extension of time

to file petition for review was filed before this Honorable
Court upon payment of the requisite docket fees/appeal fees.
Movant petitioner requested for a 15-day period from
September 3, 2015 or until September 18, 2015 within which
to file this petition (copy of official receipts for docket and
appeal fees hereto appended as Annex A-1 to A-3).

BRIEF STATEMENT OF FACTS AND THE CASE

DISCUSSION

1. On January 1, 2015, LARAINE Z. REYES purchased 50

Pandora charms from CRYSTAL X. BAUTISTA amounting to
P1,000,000.00.

2. To pay for the said Pandora charms, REYES, issued check no.
0001 from Philippine National Bank (PNB), amounting to
P1,000,000.00 (Check is attached as Annex B).

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3. On February 13, 2015, the check issued by REYES was
dishonored by the drawee bank, PNB, upon presentation for
collection by BAUTISTA.
4. Drawee bank, PNB, said that the check was dishonored
because of insufficiency of funds in the account of REYES.
(Check is attached as Annex B)

5. On February 14, 2015, Notice of Dishonor was sent to the

office of REYES in Unit 111 Orchid Blg., Ortigas, Pasig City.
The said Notice was received by her employee, Pamela
Senor (Notice of Dishonor is attached as Annex C).

6. On February 20, 22, 23, and 25, 2015, BAUTISTA sent

demand letters to the office of REYES but to no avail. Said
Letters were also received by, Pamela Senor. (Demand
letters are attached as Annex D-1 to D-4).

7. On March 15, 2015, BAUTISTA filed a complaint for violation

of B.P. Blg. 22 against REYES before the MTC Branch 69 of
Pasig.

8. On June 1, 2015, MTC Pasig Branch 69 which found REYES

guilty beyond reasonable doubt (the decision is attached as
Annex E). The dispositive portion is as follows:

Wherefore, LARAINE Z. REYES is guilty

beyond reasonable doubt for the violation
of B.P. Blg. 22 otherwise known as the
Bouncing Checks Law and is sentenced to
suffer 1-year imprisonment or pay
CRYSTAL X. BAUTISTA P1,000,000.00
plus legal interests from the date this
decision becomes final.

9. On June 10, 2015, REYES filed for a motion for

reconsideration but was DENIED by the MTC.

10. On June 17, 2015, REYES appealed the decision of the

MTC Pasig Branch 69 before RTC Branch 88 of Pasig City.

11. On August 1, 2015, RTC Branch 88 Pasig City affirmed

the decision of the MTC (attached as Annex F). The
dispositive portion is as follows:

Wherefore, the decision of MTC Pasig

Branch 69 is hereby AFFIRMED. LARAINE Z.

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 REYES is guilty beyond reasonable doubt
for the violation of B.P. Blg. 22 otherwise
known as the Bouncing Checks Law. She is
sentenced to suffer 1-year imprisonment
or pay Crystal X. Bautista P1,000,000.00
plus legal interests from the date this
decision becomes final.

12. On August 15, 2015, REYES filed a Motion for

Reconsideration before the RTC but was denied on August
19, 2015.

ASSIGNMENT OF ERROR

The RTC of Pasig, Branch 88 erred in convicting the

accused Laraine Z. Reyes on the ground that there was
lack of notice.

Laraine Z. Reyes did not receive both the Notice of

Dishonor issued by PNB and the Demand Letters sent by
Crystal X. Bautista. Both documents were received by a
Pamela Senor, an employee who had no authority to
receive such documents in behalf of REYES and the
company. Hence, there was no notice to REYES that his
checks were dishonored for insufficiency of funds.

This being the case, REYES cannot be convicted for

violation of B.P. Blg. 22 Bouncing Check Law for lack of
notice.

NON FORUM SHOPPING CERTIFICATE

That petitioner have not commenced any other action or

proceeding involving the same issues in the Supreme Court,
the Court of Appeals or any tribunal or agency; and that to
the best of his knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals or any
divisions, thereof or any tribunal or agency; and that if he
should thereafter learn that similar action or proceeding has
been filed or is pending before the Supreme Court, the Court
of Appeals or different divisions thereof, or any other tribunal

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or agency, he undertakes to promptly inform the aforesaid
courts and such other tribunal or agency.
PRAYERS

WHEREFORE, premises considered it is most respectfully

prayed that the MTC Decision dated June 1, 2015 and the
RTC decision affirming the decision of the MTC dated August
1, 2015be reversed and set aside and the case be
DISMISSED.

Other reliefs are prayed for.

SIS BOOM BA LAW OFFICES

666 Trion Towers
Ortigas, Pasig City;

By:

ATTY. DIGGY RAMOS

IBP NO. LIFETIME NO. 111111
PTR NO. 2222 ; Jan1; Pasig
ROLL NO. 33333
MCLE NO. 4444 ; 01/01/14

Copy Furnished:

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legazpi Village,
Makati, Kalakhang Maynila.

PARIAN- GOJAR LAW OFFICES

50-C Champion Bldg.
Ortigas, Pasig City.

METROPOLITAN TRIAL COURT

Branch 69
Pasig City

REGIONAL TRIAL COURT

Branch 88
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Pasig City