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THIRD DIVISION
DECISION
MARTIRES, J.:
THE FACTS
CONTRARY TO LAW.
Subsequently, the case was called again for arraignment and pre-trial
on I 0 March 2004, where the petitioner entered a plea of not guilty. On said
date, the parties also moved for the termination of the pre-trial due to the
possibility of an amicable settlement, which the MTCC granted.
Id. at 99.
Id. at 143.
Id. at 96.
Id. at 76.
Decision 3 G.R. No. 197475
Said affidavit confirmed that the check was issued by the petitioner,
who signed the same in Nelson's presence; and that the check, when
presented to the bank, was dishonored for the reason "account closed."
On the date set for the hearing, however, the defense counsel filed a
motion to withdraw as counsel, with the conformity of the petitioner, which
was granted. Again, the hearing for the reception of evidence for the
petitioner was reset to 5 July 2005. On said date, petitioner again failed to
appear; the MTCC granted the prosecution's motion to consider petitioner's
right to present evidence as waived.
the prosecution failed to appear during the hearing for said motion despite
notice. A hearing was again set for the reception of evidence for the defense.
After the prosecution filed its comment thereto, the case was
submitted for decision.
Id. at 81-84.
9
Id. at 47-50; penned by Presiding Judge Anatalio S. Necesario.
10
Id. at 74-75; penned by Presiding Judge Geraldine Faith A. Econg.
Decision 5 G.R. No. 197475
The CA Ruling
I.
II.
there was no evidence establishing that the lone prosecution witness was
authorized by private complainant to testify.
On the procedural aspect, the Court has held that the subsequent
submission of the certified true copy of the assailed decision with the motion
for reconsideration is substantial compliance with the rules. 12 Thus, this
point may be conceded to petitioner.
actions are to be prosecuted under the direction and control of the public
prosecutor. 14 Clearly, the discretion on who to present as witnesses is vested
with the public prosecutor, and no authority from the private complainant is
required.
Moreover, what the Bouncing Checks Law requires is that the accused
must be notified in writing of the fact of dishonor. 18 This notice gives the
issuer an opportunity to pay the amount on the check or to make
arrangements for its payment within five (5) days from receipt thereof, in
order to prevent the presumption of knowledge of the insufficiency of funds
from arising.
14
Section 5, Rule 110, Revised Rules of Criminal Procedure, as amended by A.M. No. 02-2-07-SC.
15
Section 34, Rule 132, Rules of Court.
16
Rollo, pp. 112-113.
17
Id. at 113.
18
Azarcon v. People, 636 Phil. 34 7, 355 (2010).
19
Rollo, p. I 06.
Decision 8 G.R. No. 197475
termination of pre-trial due to the possibility that the case could be settled
20
amicably as to its civil aspect, which the trial court granted - indicating
petitioner's awareness that the subject check was dishonored and that he had
an outstanding obligation to private complainant. It was never shown that
petitioner paid nor made arrangements to pay the amount on the check, as in
fact the trial before the MTCC proceeded and the court ordered petitioner to
pay the amount. Clearly, the 5-day period within which to settle his
obligation had long expired and petitioner is presumed to have had
knowledge of the insufficiency of his funds at the time he issued the subject
check.
Anent the third ground, this Court has already clarified that in-court
identification is not essential where there is no doubt that the person alleged
to have committed the crime and the person charged in the information and
subject of the trial are one and the same, viz:
This Court does not find that such doubt exists in this case.
charged with the offense. He merely proffers that he was not identified in
open court by the prosecution's sole witness as the one who issued and
signed the check. He does not dispute that he issued and signed the check as,
in fact, on the date set for his arraignment and after being arraigned, he and
the prosecution jointly moved to terminate the pre-trial in an attempt to settle
the obligation arising from the issued check. This is a patent
acknowledgment that he is the person being charged with committing the
offense and subject of the trial. It strains credulity to believe that he would
willingly attempt to settle an obligation created by a bouncing check if he
were not the same person charged with issuing it.
The Court has held that the policy of redeeming valuable human
material and preventing unnecessary deprivation of personal liberty and
economic usefulness should be considered in favor of an accused who is not
shown to be a habitual delinquent or a recidivist. 23 Here, there is no fiJ'/
22
Rollo, p. 48.
23
Saguiguit v. People, 526 Phil. 618, 629 (2006).
Decision 10 G.R. No. 197475
SO ORDERED.
MUE~ARTIRES
Associate Justice
WE CONCUR:
(On Leave)
ALEXANDER G. GESMUNDO
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer <Jf'the opinion of the
Court's Division.
CERTIFICATION
v~
ii:" isfon Clerk of Con rt
T!iirct Dtv1~ion
JAN 0 4 2018