Sunday, June 16, 2013

lack of criminal jurisdiction in a BP 22 case as ground for dismissal

It  is  a  fundamental  principle  that criminal actions shall be instituted and tried in the court of any municipality or territory  where the offense was committed or where any of its essential ingredients occurred (Section 15, Rule 110, 2000 Rules of Criminal Procedure, as amended). The rationale herein is so that the Accused will not be compelled to move to, and appear in a different court from that of the province where the crime was committed, as it would cause him great inconvenience in looking for witnesses and other evidence in another place (Hernandez vs. Albano, 19 SCRA 85).

Said  municipality  or territory  where the offense was committed or where any of its essential ingredients occurred fixes not only the venue of the criminal case but also its jurisdiction. This if for the reason that in criminal cases, venue is jurisdictional as the court has no jurisdiction to try an offense committed outside its territorial jurisdiction (People vs. Mercado, 65 PHIL 665).
                       
Relative to violations of Batas Pambansa Blg. 22 of which Accused has been charged of, the elements or essential ingredients of the offense are as follows:
                                   
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 are no sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; 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, without any valid cause, ordered the bank to stop payment (Ting vs. Court of Appeals, 344 SCRA 551).

It is evident that the elements of said offense do not take place simultaneously but one after the other. It may occur then that the making, drawing and issuance of a check takes place in one municipality or territory while the dishonor thereof in another. Hence, it may  be instituted and tried in the court of the municipality or territory where it was made, drawn and issued or where it was dishonored. Otherwise said, it is only courts of  either municipality or territory (place of issuance or place of dishonor), and no other which can validly exercise jurisdiction and thus hear and decide cases involving said cases.
           
While it is clear based on the checks themselves that they were dishonored in Tuguegarao, the drawee bank being China Banking Corporation, Tuguegarao Branch, there is no allegation or proof whatsoever based on Private Complainant’s Complaint-Affidavit and its supporting documents, where it was made drawn, and issued to herein Accused.
                                   
            The truth of  the matter as Accused has declared and clearly shown in his Counter-Affidavit is that she issued and delivered the subject checks to Private Complainant in his place of residence which is Iguig, Cagayan.     
                                   
            Most evidently, contrary  to  the  very  spirit  and  purpose  of  the  rule  on venue, Private Complainant, for her own convenience and advantage and to the great inconvenience and disadvantage of Accused, filed her criminal complaint against the latter in Cabanatuan City, for no other reason than that being her place of residence. Having not alleged or shown that the alleged offenses or any ingredient thereof, were committed in Cabanatuan City, the Honorable Office of the City Prosecutor of Cabanatuan City, has absolutely no basis whatsoever to file the instant Information in Cabanatuan City. It has no legal authority whatsoever to falsely and arbitrarily allege in said information that the said offenses were committed within the jurisdiction of the Honorable Court. 
                                                                       
            Indubitably, the purpose behind such unwarranted action is to arbitrarily establish jurisdiction over the instant cases in Cabanatuan courts when in fact there was none at all. The bare and unsubstantiated allegation however in the information does not determine the place where the criminal action is to be instituted. To say that the allegation of the information is determinative of the jurisdiction of the court will have the effect of conferring upon the investigating and filing prosecutor the absolute discretion to determine which court has jurisdiction over an offense, a situation which is not only constitutionally unsound but also anathema to the rule of law (p. 61, Notes and Comments on the Bouncing Checks Law).
                                   
            Clearly,  Private  Complainant, who has the burden of showing that herein cases are within the jurisdiction of the Honorable Court, has miserably failed to do so. The Honorable Office of the City Prosecutor of Cabanatuan City should have summarily dismissed her said criminal complaints.
                                   
            On the contrary, herein Accused has attested and shown through his Counter-Affidavit and supporting documents, that in fact, she issued the subject checks in Iguig, Cagayan. Clearly then, all the acts which are essential to the offense of which Accused has been charged of, took place in the province of Cagayan. Hence, the Honorable Court has not jurisdiction whatsoever to try and hear the instant cases. They should therefore be quashed. 

The Rules of Summary Procedure provide that:

Should the court, upon consideration of the complaint or information and the affidavits submitted by both parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial (Section 13, The 1991 Revised Rule on Summary Procedure). 
                       
                                   

            Thus, even without this motion to quash, the Honorable Court on its own, may order the dismissal of the instant cases, if upon consideration of the complaint or information together with the affidavits submitted by both parties, it finds no cause or ground to hold the Accused for trial. There is absolutely nothing in the affidavits submitted by both parties, which will establish any cause or ground for the Honorable Court to acquire jurisdiction over the instant cases. Most certainly then, there is likewise no cause or ground for the Honorable Court to hold the Accused for trial.    

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