SECOND DIVISION

G.R. No. 141066 February 17, 2005

EVANGELINE LADONGA, petitioner,

vs.
PEOPLE OF THE PHILIPPINES, respondent.

DECISION

AUSTRIA-MARTINEZ, J.:

Petitioner Evangeline Ladonga seeks a review of the Decision,1 dated May 17, 1999, of the Court of
Appeals in CA-G.R. CR No. 20443, affirming the Decision dated August 24, 1996, of the Regional
Trial Court (RTC), Branch 3 of Bohol, in Criminal Case Nos. 7068, 7069 and 7070 convicting her of
violation of B.P. Blg. 22, otherwise known as The Bouncing Checks Law.

The factual background of the case is as follows:

On March 27, 1991, three Informations for violation of B.P. Blg. 22 were filed with the RTC, docketed
as Criminal Case Nos. 7068 - 7070. The Information in Criminal Case No. 7068 alleges as follows:

That, sometime in May or June 1990, in the City of Tagbilaran, Philippines, and within the jurisdiction
of this Honorable Court, the above-named accused, conspiring, confederating, and mutually helping
with one another, knowing fully well that they did not have sufficient funds deposited with the United
Coconut Planters Bank (UCPB), Tagbilaran Branch, did then and there willfully, unlawfully, and
feloniously, draw and issue UCPB Check No. 284743 postdated July 7, 1990 in the amount of NINE
THOUSAND SEVENTY-FIVE PESOS AND FIFTY-FIVE CENTAVOS (₱9,075.55), payable to
Alfredo Oculam, and thereafter, without informing the latter that they did not have sufficient funds
deposited with the bank to cover up the amount of the check, did then and there willfully, unlawfully
and feloniously pass on, indorse, give and deliver the said check to Alfredo Oculam by way of
rediscounting of the aforementioned checks; however, upon presentation of the check to the drawee
bank for encashment, the same was dishonored for the reason that the account of the accused with
the United Coconut Planters Bank, Tagbilaran Branch, had already been closed, to the damage and
prejudice of the said Alfredo Oculam in the aforestated amount.

Acts committed contrary to the provisions of Batas Pambansa Bilang 22.2

The accusatory portions of the Informations in Criminal Case Nos. 7069 and 7070 are similarly
worded, except for the allegations concerning the number, date and amount of each check, that is:

(a) Criminal Case No. 7069 - UCPB Check No. 284744 dated July 22, 1990 in the amount of
₱12,730.00;3

(b) Criminal Case No. 7070 – UCPB Check No. 106136 dated July 22, 1990 in the amount of
₱8,496.55.4

The cases were consolidated and jointly tried. When arraigned on June 26, 1991, the two accused
pleaded not guilty to the crimes charged.5

The prosecution presented as its lone witness complainant Alfredo Oculam. He testified that: in
1989, spouses Adronico6 and Evangeline Ladonga became his regular customers in his pawnshop
business in Tagbilaran City, Bohol;7 sometime in May 1990, the Ladonga spouses obtained a
₱9,075.55 loan from him, guaranteed by United Coconut Planters Bank (UCPB) Check No. 284743,
post dated to dated July 7, 1990 issued by Adronico;8 sometime in the last week of April 1990 and
during the first week of May 1990, the Ladonga spouses obtained an additional loan of ₱12,730.00,
guaranteed by UCPB Check No. 284744, post dated to dated July 26, 1990 issued by
Adronico;9 between May and June 1990, the Ladonga spouses obtained a third loan in the amount of
₱8,496.55, guaranteed by UCPB Check No. 106136, post dated to July 22, 1990 issued by
Adronico;10 the three checks bounced upon presentment for the reason "CLOSED
ACCOUNT";11 when the Ladonga spouses failed to redeem the check, despite repeated demands, he
filed a criminal complaint against them.12

While admitting that the checks issued by Adronico bounced because there was no sufficient deposit
or the account was closed, the Ladonga spouses claimed that the checks were issued only to
guarantee the obligation, with an agreement that Oculam should not encash the checks when they
mature;13 and, that petitioner is not a signatory of the checks and had no participation in the issuance
thereof.14

On August 24, 1996, the RTC rendered a joint decision finding the Ladonga spouses guilty beyond
reasonable doubt of violating B.P. Blg. 22, the dispositive portion of which reads:

Premises considered, this Court hereby renders judgment finding accused Adronico Ladonga, alias
Ronie, and Evangeline Ladonga guilty beyond reasonable doubt in the aforesaid three (3) criminal
cases, for which they stand charged before this Court, and accordingly, sentences them to
imprisonment and fine, as follows:

1. In Criminal Case No. 7068, for (sic) an imprisonment of one (1) year for each of them, and
a fine in the amount of ₱9,075.55, equivalent to the amount of UCPB Check No. 284743;

2. In Criminal Case No. 7069, for (sic) an imprisonment for each of them to one (1) year and
a fine of ₱12, 730.00, equivalent to the amount of UCPB Check No. 284744; and,

3. In Criminal Case No. 7070, with (sic) an imprisonment of one year for each of them and a
fine of ₱8,496.55 equivalent to the amount of UCPB Check No. 106136;

4. That both accused are further ordered to jointly and solidarily pay and reimburse the
complainant, Mr. Alfredo Oculam, the sum of ₱15,000.00 representing actual expenses
incurred in prosecuting the instant cases; ₱10,000.00 as attorney’s fee; and the amount of
₱30,302.10 which is the total value of the three (3) subject checks which bounced; but
without subsidiary imprisonment in case of insolvency.

With Costs against the accused.

SO ORDERED.15

Adronico applied for probation which was granted.16 On the other hand, petitioner brought the case to
the Court of Appeals, arguing that the RTC erred in finding her criminally liable for conspiring with
her husband as the principle of conspiracy is inapplicable to B.P. Blg. 22 which is a special law;
moreover, she is not a signatory of the checks and had no participation in the issuance thereof.17

On May 17, 1999, the Court of Appeals affirmed the conviction of petitioner.18 It held that the
provisions of the penal code were made applicable to special penal laws in the decisions of
this Court in People vs. Parel, 19 U.S. vs. Ponte, 20 and U.S. vs. Bruhez.21 It noted that Article 10 of the
Revised Penal Code itself provides that its provisions shall be supplementary to special laws unless
the latter provide the contrary. The Court of Appeals stressed that since B.P. Blg. 22 does not
prohibit the applicability in a suppletory character of the provisions of the Revised Penal Code
(RPC), the principle of conspiracy may be applied to cases involving violations of B.P. Blg. 22.
Lastly, it ruled that the fact that petitioner did not make and issue or sign the checks did not
exculpate her from criminal liability as it is not indispensable that a co-conspirator takes a direct part
in every act and knows the part which everyone performed. The Court of Appeals underscored that
in conspiracy the act of one conspirator could be held to be the act of the other.

Petitioner sought reconsideration of the decision but the Court of Appeals denied the same in a
Resolution dated November 16, 1999.22

Hence, the present petition.

Petitioner presents to the Court the following issues for resolution:

1. WHETHER OR NOT THE PETITIONER WHO WAS NOT THE DRAWER OR ISSUER OF
THE THREE CHECKS THAT BOUNCED BUT HER CO-ACCUSED HUSBAND UNDER
THE LATTER’S ACCOUNT COULD BE HELD LIABLE FOR VIOLATIONS OF BATAS
PAMBANSA BILANG 22 AS CONSPIRATOR.

2. ANCILLARY TO THE MAIN ISSUE ARE THE FOLLOWING ISSUES:

A. WHETHER OR NOT CONSPIRACY IS APPLICABLE IN VIOLATIONS OF BATAS PAMBANSA
BILANG 22 BY INVOKING THE LAST SENTENCE OF ARTICLE 10 OF THE REVISED PENAL
CODE WHICH STATES:

Art. 10. Offenses not subject of the provisions of this Code. – Offenses which are or in the future
may be punished under special laws are not subject to the provisions of this Code. This Code shall
be supplementary to such laws, unless the latter should specially provide the contrary.

B. WHETHER OR NOT THE CASES CITED BY THE HONORABLE COURT OF APPEALS IN

AFFIRMING IN TOTO THE CONVICTION OF PETITIONER AS CONSPIRATOR APPLYING THE
SUPPLETORY CHARACTER OF THE REVISED PENAL CODE TO SPECIAL LAWS LIKE B.P.
BLG. 22 IS APPLICABLE.23

Petitioner staunchly insists that she cannot be held criminally liable for violation of B.P. Blg.
22 because she had no participation in the drawing and issuance of the three checks subject of the
three criminal cases, a fact proven by the checks themselves. She contends that the Court of
Appeals gravely erred in applying the principle of conspiracy, as defined under the RPC, to violations
of B.P. Blg. 22. She posits that the application of the principle of conspiracy would enlarge the scope
of the statute and include situations not provided for or intended by the lawmakers, such as
penalizing a person, like petitioner, who had no participation in the drawing or issuance of checks.

The Office of the Solicitor General disagrees with petitioner and echoes the declaration of the Court
of Appeals that some provisions of the Revised Penal Code, especially with the addition of the
second sentence in Article 10, are applicable to special laws. It submits that B.P. Blg. 22 does not
provide any prohibition regarding the applicability in a suppletory character of the provisions of the
Revised Penal Code to it.

Article 10 of the RPC reads as follows:

ART. 10. Offenses not subject to the provisions of this Code. – Offenses which are or in the future
may be punishable under special laws are not subject to the provisions of this Code. This Code shall
be supplementary to such laws, unless the latter should specially provide the contrary.

The article is composed of two clauses. The first provides that offenses which in the future are made
punishable under special laws are not subject to the provisions of the RPC, while the second makes
the RPC supplementary to such laws. While it seems that the two clauses are contradictory, a
sensible interpretation will show that they can perfectly be reconciled.

The first clause should be understood to mean only that the special penal laws are controlling with
regard to offenses therein specifically punished. Said clause only restates the elemental rule of
statutory construction that special legal provisions prevail over general ones.24 Lex specialis derogant
generali. In fact, the clause can be considered as a superfluity, and could have been eliminated
altogether. The second clause contains the soul of the article. The main idea and purpose of the
article is embodied in the provision that the "code shall be supplementary" to special laws, unless the
latter should specifically provide the contrary.

The appellate court’s reliance on the cases of People vs. Parel,25 U.S. vs. Ponte,26 and U.S. vs.
Bruhez27 rests on a firm basis. These cases involved the suppletory application of principles under
the then Penal Code to special laws. People vs. Parel is concerned with the application of Article
2228 of the Code to violations of Act No. 3030, the Election Law, with reference to the retroactive
effect of penal laws if they favor the accused. U.S. vs. Ponte involved the application of Article 1729 of
the same Penal Code, with reference to the participation of principals in the commission of the crime
of misappropriation of public funds as defined and penalized by Act No. 1740. U.S. vs.
Bruhez covered Article 4530 of the same Code, with reference to the confiscation of the instruments
used in violation of Act No. 1461, the Opium Law.

B.P. Blg. 22 does not expressly proscribe the suppletory application of the provisions of the RPC.
Thus, in the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which,
by their nature, are necessarily applicable, may be applied suppletorily. Indeed, in the recent case
of Yu vs. People,31 the Court applied suppletorily the provisions on subsidiary imprisonment under
Article 3932 of the RPC to B.P. Blg. 22.

The suppletory application of the principle of conspiracy in this case is analogous to the application
of the provision on principals under Article 17 in U.S. vs. Ponte. For once conspiracy or action in
concert to achieve a criminal design is shown, the act of one is the act of all the conspirators, and
the precise extent or modality of participation of each of them becomes secondary, since all the
conspirators are principals.33

All these notwithstanding, the conviction of the petitioner must be set aside.
Article 8 of the RPC provides that "a conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to commit it." To be held guilty as a
co-principal by reason of conspiracy, the accused must be shown to have performed an overt act in
pursuance or furtherance of the complicity.34 The overt act or acts of the accused may consist of
active participation in the actual commission of the crime itself or may consist of moral assistance to
his co-conspirators by moving them to execute or implement the criminal plan.35

In the present case, the prosecution failed to prove that petitioner performed any overt act in
furtherance of the alleged conspiracy. As testified to by the lone prosecution witness, complainant
Alfredo Oculam, petitioner was merely present when her husband, Adronico, signed the check
subject of Criminal Case No. 7068.36 With respect to Criminal Case Nos. 7069-7070, Oculam also did
not describe the details of petitioner’s participation. He did not specify the nature of petitioner’s
involvement in the commission of the crime, either by a direct act of participation, a direct
inducement of her co-conspirator, or cooperating in the commission of the offense by another act
without which it would not have been accomplished. Apparently, the only semblance of overt act that
may be attributed to petitioner is that she was present when the first check was issued. However,
this inference cannot be stretched to mean concurrence with the criminal design.

Conspiracy must be established, not by conjectures, but by positive and conclusive

evidence.37 Conspiracy transcends mere companionship and mere presence at the scene of the
crime does not in itself amount to conspiracy.38 Even knowledge, acquiescence in or agreement to
cooperate, is not enough to constitute one as a party to a conspiracy, absent any active participation
in the commission of the crime with a view to the furtherance of the common design and purpose.39

As the Court eloquently pronounced in a case of recent vintage, People vs. Mandao:40

To be sure, conspiracy is not a harmless innuendo to be taken lightly or accepted at every turn. It is
a legal concept that imputes culpability under specific circumstances; as such, it must be established
as clearly as any element of the crime. Evidence to prove it must be positive and convincing,
considering that it is a convenient and simplistic device by which the accused may be ensnared and
kept within the penal fold.

Criminal liability cannot be based on a general allegation of conspiracy, and a judgment of conviction
must always be founded on the strength of the prosecution’s evidence. The Court ruled thus
in People v. Legaspi, from which we quote:

At most, the prosecution, realizing the weakness of its evidence against accused-appellant Franco,
merely relied and pegged the latter’s criminal liability on its sweeping theory of conspiracy, which to
us, was not attendant in the commission of the crime.

The rule is firmly entrenched that a judgment of conviction must be predicated on the strength of the
evidence for the prosecution and not on the weakness of the evidence for the defense. The proof
against him must survive the test of reason; the strongest suspicion must not be permitted to sway
judgment. The conscience must be satisfied that on the defense could be laid the responsibility for
the offense charged; that not only did he perpetrate the act but that it amounted to a crime. What is
required then is moral certainty.

Verily, it is the role of the prosecution to prove the guilt of the appellant beyond reasonable doubt in
order to overcome the constitutional presumption of innocence.

In sum, conviction must rest on hard evidence showing that the accused is guilty beyond reasonable
doubt of the crime charged. In criminal cases, moral certainty -- not mere possibility -- determines
the guilt or the innocence of the accused. Even when the evidence for the defense is weak, the
accused must be acquitted when the prosecution has not proven guilt with the requisite quantum of
proof required in all criminal cases. (Citations omitted)41

All told, the prosecution failed to establish the guilt of the petitioner with moral certainty. Its evidence
falls short of the quantum of proof required for conviction. Accordingly, the constitutional
presumption of the petitioner’s innocence must be upheld and she must be acquitted. 1a\^/phi 1.net

WHEREFORE, the instant petition is GRANTED. The assailed Decision, dated May 17, 1999, of the
Court of Appeals in CA-G.R. CR No. 20443 affirming the Decision, dated August 24, 1996, of the
Regional Trial Court (Branch 3), Bohol, in Criminal Case Nos. 7068, 7069 and 7070 convicting the
petitioner of violation of B.P. Blg. 22 is hereby REVERSED and SET ASIDE. Petitioner Evangeline
Ladonga is ACQUITTED of the charges against her under B.P. Blg. 22 for failure of the prosecution
to prove her guilt beyond reasonable doubt. No pronouncement as to costs.

SO ORDERED.
Puno, (Chairman), Callejo, Sr., Tinga, and Chico-Nazario, JJ., concur.

Footnotes

1
Penned by Justice Buenaventura J. Guerrero (now retired) and concurred in by Justices
Portia Alino-Hormachuelos and Eloy R. Bello (now retired).
2
Original Records, pp. 1-2.
3
Id., p. 3.
4
Id., p. 5.
5
Id., pp. 29-31.
6
Also known as Ronie.
7
TSN of December 3, 1991, Testimony of Alfredo Oculam, pp. 4-7.
8
Id., pp. 16-21.
9
TSN of December 4, 1991, Testimony of Alfredo Oculam, pp. 2-3.
10
TSN of January 28, 1992, Testimony of Alfredo Oculam, pp. 1-2.
11
TSN of December 3, 1991, Testimony of Alfredo Oculam, p. 19; TSN of December 4, 1991,
Testimony of Alfredo Oculam, pp. 1 and 3; TSN of January 28, 1992, Testimony of Alfredo
Oculam, p. 1; Original Records, p. 128.
12
TSN of December 4, 1991, Testimony of Alfredo Oculam, pp. 2 and 4; TSN of January 28,
1992, Testimony of Alfredo Oculam, p. 2; Original Records, p. 125.
13
TSN of August 23, 1993, Testimony of Evangeline Ladonga, pp. 7-8, 11-12 and 15; TSN of
December 20, 1993, Testimony of Adronico Ladonga, p. 18.
14
TSN of August 23, 1993, Testimony of Evangeline Ladonga, p. 10; TSN of December 20,
1993, Testimony of Adronico Ladonga, pp. 24-26.
15
Original Records, p. 124.
16
Id., p. 126.
17
Court of Appeals (CA) Rollo, p. 28.
18
Rollo, p. 133.
19
No. 18260, January 27, 1923, 44 Phil. 437.
20
No. 5952, October 24, 1911, 20 Phil. 379.
21
No. 9268, November 4, 1914, 28 Phil. 305.
22
Rollo, p. 39.
23
Rollo, pp. 69-70.
24
Bayan (Bagong Alyansang Makabayan) vs. Zamora, G.R. No. 138570, October 10, 2000,
342 SCRA 449, 483.
25
Note No. 19, supra.
26
Note No. 20, supra.
27
Note No. 21, supra.
28
ART. 22. Retroactive effect of penal laws. – Penal laws shall have a retroactive effect
insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term
is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such
laws a final sentence has been pronounced and the convict is serving the same.
29
ART. 17. Principals. – The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.
30
ART. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. – Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of
the Government, unless they be the property of a third person not liable for the
offense, but those articles which are not subject of lawful commerce shall be
destroyed.
31
G.R. No. 134172, September 20, 2004.
32
ART. 39. Subsidiary penalty. – If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall
remain under confinement until his fine referred in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of
the sentence, and in no case shall it continue for more than one year, and no fraction
or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall have been prosecuted for a grave or
less grave felony, and shall not exceed fifteen days, if for a light felony.
 3. When the principal penalty imposed is higher than prision correccional no
subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal
institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivation as
those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of
his insolvency shall not relieve him from the fine in case his financial circumstances
should improve.
33
People vs. Felipe, G.R. No. 142505, December 11, 2003, 418 SCRA 146, 176; People vs.
Julianda, Jr., G.R. No. 128886, November 23, 2001, 370 SCRA 448, 469; People vs.
Quinicio, G.R. No. 142430, September 13, 2001, 365 SCRA 252, 266.
34
People vs. Pickrell, G.R. No. 120409, October 23, 2003, 414 SCRA 19, 33; People vs.
Bisda, G.R. No. 140895, July 17, 2003, 406 SCRA 454, 473; People vs. Pagalasan, G.R.
Nos. 131926 & 138991, June 18, 2003, 404 SCRA 275, 291.
35
People vs. Caballero, G.R. Nos. 149028-30, April 2, 2003, 400 SCRA 424, 437; People vs.
Ponce, G.R. No. 126254, September 29, 2000, 341 SCRA 352, 359-360.
36
TSN of December 3, 1991, Testimony of Alfredo Oculam, p. 20.
37
People vs. Tamayo, G.R. No. 138608, September 24, 2002, SCRA 540, 553; People vs.
Melencion, G.R. No. 121902, March 26, 2001, 355 SCRA 113, 123.
38
People vs. Leaño, G.R. No. 138886, October 9, 2001, 366 SCRA 774; People vs. Compo,
G.R. No. 112990, May 28, 2001, 358 SCRA 266, 272.
39
People vs. Natividad, G.R. No. 151072, September 23, 2003, 411 SCRA 587, 595.
40
People vs. Mandao, G.R. No. 135048, December 3, 2002, 393 SCRA 292.
41
Id., pp. 304-305.
 THIRD DIVISION

G.R. No. 134172 September 20, 2004

MIRIAM ARMI JAO YU, petitioner,

vs.
PEOPLE OF THE PHILIPPINES, respondent.

DECISION

SANDOVAL-GUTIERREZ, J.:

May an accused found guilty of violations of Batas Pambansa Blg. 221 be made to suffer subsidiary
imprisonment in case he fails to pay the fines imposed by the trial court for such violations? This is
the lone issue raised in this petition for review on certiorari.2

On March 25, 1991, petitioner was charged with 19 counts of violation of Batas Pambansa Blg. 22
before the Regional Trial Court, Branch 91, Quezon City, docketed as Criminal Cases Nos. 19468 to
19486.

Upon arraignment, petitioner entered a plea of not guilty. After hearing, the trial court rendered a
Decision finding her guilty of the charges and imposing upon her the following penalties:

"WHEREFORE, premises considered, judgment is hereby rendered finding accused Miriam

Armi Jao Yu guilty beyond reasonable doubt of violation of Batas Pambansa Blg. 22 and
sentencing her as follows:

1. Crim. Case No. 19468 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱300,000.00;

2. Crim. Case No. 19469 – to pay a fine of ₱150,000.00 and indemnify Susan
Andaya in the amount of ₱150,000.00;

3. Crim. Case No. 19470 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱200,000.00;

4. Crim. Case No. 19471 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱385,000.00;

5. Crim. Case No. 19472 – to pay a fine of ₱15,000.00 and indemnify Susan
Andaya in the amount of ₱15,000.00;

6. Crim. Case No. 19473 – to pay a fine of ₱15,000.00 and indemnify Susan
Andaya in the amount of ₱300,000.00;

7. Crim. Case No. 19474 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱350,000.00;

8. Crim. Case No. 19475 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱385,000.00;

9. Crim. Case No. 19476 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱300,000.00;

10. Crim. Case No. 19477 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱300,000.00;

11. Crim. Case No. 19478 – to pay a fine of ₱15,000.00 and indemnify Susan
Andaya in the amount of ₱15,000.00;
 12. Crim. Case No. 19479 – to pay a fine of ₱15,000.00 and indemnify Susan
Andaya in the amount of ₱15,000.00;

13. Crim. Case No. 19480 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱450,000.00;

14. Crim. Case No. 19481 – to pay a fine of ₱25,000.00 and indemnify Susan
Andaya in the amount of ₱25,000.00;

15. Crim. Case No. 19482 – to pay a fine of ₱200,000.00 and indemnify Susan
Andaya in the amount of ₱500,000.00;

16. Crim. Case No. 19483 – to pay a fine of ₱17,500.00 and indemnify Susan
Andaya in the amount of ₱17,500.00;

17. Crim. Case No. 19484 – to pay a fine of ₱13,475.00 and indemnify Susan
Andaya in the amount of ₱13,475.00;

18. Crim. Case No. 19485 – to pay a fine of ₱15,000.00 and indemnify Susan
Andaya in the amount of ₱15,000.00;

19. Crim. Case No. 19486 – to pay a fine of ₱15,000.00 and indemnify Susan
Andaya in the amount of ₱15,000.00;

to suffer subsidiary imprisonment in case of non-payment of the fine in each of the

above-entitled cases and to pay the costs of suit.

SO ORDERED." (Underscoring ours)

Upon appeal, the Court of Appeals affirmed in toto the trial court’s Decision.

Petitioner then filed a motion for reconsideration but was denied by the Appellate Court in its
Resolution dated May 29, 1998.

In the instant petition, petitioner contends that Section 1 of Batas Pambansa Blg. 22, which reads:

"Section 1. Checks without sufficient funds. – Any person who makes or draws and issues
any check to apply on account or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the payment of such check in full
upon its presentment, which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the same reason had not
the drawer, without any valid reason, ordered the bank to stop payment, shall be punished
by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not
less than but not more than double the amount of the check which fine shall in no case
exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion
of the court.

The same penalty shall be imposed upon any person who, having sufficient funds in or credit
with the drawee bank when he makes or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date appearing thereon, for which reason it is
dishonored by the drawee bank. Where the check is drawn by a corporation, company or
entity, the person or persons who actually signed the check in behalf of such drawer shall be
liable under this Act.

Where the check is drawn by a corporation, company or entity, the person or persons who
actually signed the check in behalf of such drawer shall be liable under this Act."
(Underscoring ours)

provides only the imposition of imprisonment or fine, or both, in cases of violation of Batas
Pambansa Blg. 22. Thus, she should not suffer subsidiary imprisonment in case of non-payment of
the fines imposed by the trial court.

The Solicitor General disagrees with petitioner and prays that the Decision of the Court of Appeals
be affirmed.

The petition must fail.

The imposition of subsidiary imprisonment is expressly provided under Articles 38 and 39 of the
Revised Penal Code, thus:

"ART. 38. Pecuniary liabilities – Order of payment. – In case the property of the offender
should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met
in the following order:

1. The preparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.

4. The costs of the proceedings. (Underscoring ours)

"ART. 39. Subsidiary penalty. – If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each eight pesos, subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall
remain under confinement until his fine referred in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of
the sentence, and in no case shall it continue for more than one year, and no fraction
or part of a day shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall have been prosecuted for a grave or
less grave felony, and shall not exceed fifteen days, if for a light felony.

3. When the principal penalty imposed is higher than prision correccional no

subsidiary imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal

institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivation as
those of which the principal penalty consists.

5. The subsidiary personal liability which the convict may have suffered by reason of
his insolvency shall not relieve him from the fine in case his financial circumstances
should improve." (Underscoring ours)

We hold that the above provisions on subsidiary imprisonment can be applied suppletorily to Batas
Pambansa Blg. 22 pursuant to Article 10 of the same Code, which provides:

"ART. 10. Offenses not subject to the provisions of this Code. – Offenses which are or in the
future may be punishable under special laws are not subject to the provisions of this Code.
This Code shall be supplementary to such laws, unless the latter should specially provide the
contrary." (Underscoring ours) 1aw phil. net

As early as 1959, this Court, in People vs. Cubelo,3 held:

"Appellant’s contention that the trial court committed error in ordering him to serve subsidiary
imprisonment in case of insolvency in the payment of fine with the reason that Act No. 4003,
which prohibits fishing with the use of explosive, fails to provide for such subsidiary
imprisonment, and that being a special law, it is not subject to the provisions of the Revised
Penal Code, is untenable. The second paragraph of Article 10 of the said Code provides that
‘this Code shall be supplementary to such laws, unless the latter should specially provide the
contrary.’ Articles 100 (civil liability) and 39 (subsidiary penalty) are applicable to offenses
under special laws (People vs. Moreno, 60 Phil. 178; Copiaco vs. Luzon Brokerage, 66 Phil.
184)."

Indeed, the absence of an express provision on subsidiary imprisonment in Batas Pambansa Blg. 22
does not and cannot preclude its imposition in cases involving its violations.

It bears stressing that on February 14, 2001, we issued Administrative Circular No. 13-2001
clarifying the imposition of imprisonment for violations of Batas Pambansa Blg. 22 and subsidiary
imprisonment upon the accused found guilty but is unable to pay the fine he is sentenced to pay. In
clarifying the imposition of subsidiary imprisonment, the Circular states that if the accused is unable
to pay the fine imposed by the trial court, "there is no legal obstacle to the application of the Revised
Penal Code provisions on subsidiary imprisonment." The full text of the Circular reads:

"Administrative Circular No. 13-2001

To : All Judges

subject : clarification of Administrative Circular No. 12-2000 on the penalty for violation of
Batas Pambansa Blg. 22, Otherwise known as the bouncing checks law

Clarification has been sought by concerned Judges and other parties regarding the operation
of Administrative Circular 12-2000 issued on 21 November 2000. In particular, queries have
been made regarding the authority of Judges to

1. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22; and

2. Impose subsidiary imprisonment in the event that the accused, who is found guilty of
violating the provisions of B.P. Blg. 22, is unable to pay the fine which he is sentenced to pay
considering that Administrative Circular No. 12-2000 adopted the rulings in Eduardo Vaca v.
Court of Appeals (G.R. No. 131714, 16 November 1998, 298 SCRA 656) and Rosa Lim v.
People of the Philippines (G.R. No. 130038, 18 September 2000) as a policy of the Supreme
Court on the matter of the imposition of penalties for violations of B.P. Blg. 22, without
mentioning whether subsidiary imprisonment could be resorted to in case of the accused’s
inability to pay the fine.

The clear tenor and intention of Administrative Circular No. 12-2000 is not to remove
imprisonment as an alternative penalty, but to lay down a rule of preference in the application
of the penalties provided for in B.P. Blg. 22.

The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for
violators of B.P. Blg. 22. Neither does it defeat the legislative intent behind the law.

Thus, Administrative Circular No. 12-2000 establishes a rule of preference in the application
of the penal provisions of B.P. Blg. 22 such that where the circumstances of both the offense
and the offender clearly indicate good faith or a clear mistake of fact without taint of
negligence, the imposition of a fine alone should be considered as the more appropriate
penalty. Needless to say, the determination of whether the circumstances warrant the
imposition of a fine alone rests solely upon the Judge. Should the Judge decide that
imprisonment is the more appropriate penalty, Administrative Circular No. 12-2000 ought not
be deemed a hindrance.

It is, therefore, understood that

1. Administrative Circular 12-2000 does not remove imprisonment as an alternative

penalty for violations of B.P. Blg. 22;

2. The Judges concerned may, in the exercise of sound discretion, and taking into
consideration the peculiar circumstances of each case, determine whether the
imposition of a fine alone would best serve the interests of justice or whether
forbearing to impose imprisonment would depreciate the seriousness of the offense,
work violence on the social order, or otherwise be contrary to the imperatives of
justice;

3. Should only a fine be imposed and the accused be unable to pay the fine, there is
no legal obstacle to the application of the Revised Penal Code provisions on
subsidiary imprisonment.

The issuance of this Administrative Circular was authorized by the Court En Banc in A.M.
No. 00-11-01-SC at its session of 13 February 2001.

The Clerk of Court of the Supreme Court and the Court Administrator shall immediately
cause the implementation of this Administrative Circular.

This Administrative Circular shall be published in a newspaper of general circulation not later
than 20 February 2001.

Issued this 14th day of February, 2001.

 (Sgd.)

HILARIO G. DAVIDE, JR.

Chief Justice" (Underscoring ours)

In Felicito Abarquez vs. Court of Appeals and People of the Philippines promulgated on August 7,
20034 – a case which involves the application of penalties for violations of Batas Pambansa Blg. 22 –
we did not only modify the amount of the fines imposed by the Court of Appeals in Criminal Cases
Nos. D-8137, D-8176 and D-8177, but also imposed "subsidiary imprisonment in case of insolvency
in accordance with Article 39 of the Revised Penal Code" in each case.

Administrative Circular No. 13-2001 and our Decision in Felicito Abarquez vs. Court of Appeals and
People of the Philippines should now lay to rest the controversy at bar.
lawphil.net

WHEREFORE, the petition is DENIED.

SO ORDERED.

Panganiban, Corona, and Carpio Morales*, JJ., concur.

Footnotes

* On leave.

1"AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK

WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES."

2 Filed pursuant to Rule 45 of the 1997 Rules of Civil Procedure, as amended.

3 No. L-13678, November 20, 1959, 106 Phil. 496.

4 G.R. No. 148557.