Thursday, April 5, 2018

G.R. No. 190834

Ariel T. Lim v. People of the Philippines
G.R. No. 190834

Facts:

Lim issued two checks payable to cash to Baddie for the printing materials. Due to the delay in the delivery of the said materials, Lim issued a “Stop Payment” order for the two checks. However, the checks were drawn against insufficient funds. Lim was not able to arrange payments with Baddie within five banking days after receiving notice of the said error. Although, Lim was able to give the full payment for the materials after a lapse of more than one month.

Issue:

Whether or not Lim has committed estafa.

Held:


No. It must be noted that Lim has already paid in full the amount of the dishonored checks six months before the information was filed. In doing so, he was exonerated from the imposition of penalties for violation of BP bilang 22. It is a consistent rule that penal statutes are construed strictly against the State and liberally in favor of the accused. Since penal laws should not be applied mechanically, the Court must determine whether the application of the penal law is consistent with the purpose and reason of the law.

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