GR No 87416

Cecilio De Villa vs Court of Appeals

GR No 87416            April 8, 1991

Facts:

            De Villa was charged before the RTC of NCR with a violation of BP Blg 22, allegedly committed as he issued a Depositors Trust Company Check to Roberto Lorayez, whilst knowing fully well that he had no sufficient funds or credit which drawee bank for payment of such check in full upon its presentment. In his petition to dismiss, one of the grounds raised by de Villa was that the check involved was payable in dollars, hence, the obligation created is null and void pursuant to RA No 529.

            RTC denied the motion to dismiss for lack of merit. CA also denied the motion for reconsideration filed by de Villa.

Issue:

            WON BP Blg 22 violation is applicable for checks drawn against current accounts in foreign currency.

Held:

            Under BP Blg 22, foreign checks, provided they are either drawn and issued in the Philippines though payable outside thereof, or made payable and dishonored in the Philippines though drawn and issued outside thereof, are within the coverage of said law. The law likewise applied to checks drawn against current accounts in foreign currency.

            It is undisputed that the check in question was executed and delivered by de Villa to Lorayez in Makati, Metro Manila. However, de Villa argues that the check in question was drawn against his dollar account with a foreign bank, and is therefore not covered by the BP Blg 22. But it will be noted that the law does not distinguish the currency involved in the case.

            Hence, Bouncing Checks Law is applicable to checks drawn against current accounts in foreign currency. It is a cardinal principle in statutory construction that where the law does not distinguish, courts should not distinguish. Where the law does not make any exception, courts may not except something unless compelling reasons exist to justify it.