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University of the Philippines

COLLEGE OF LAW
Persons & Family Relations | Prof. Crisostomo Uribe
CASE DIGEST for F2021
Topic
Doctrine
Case No.
Case
Name

Ponente

When do laws take effect?


Actual publication of the penal law is indispensable for its effectivity
(ACJ Teehankee)
[G.R. No. L-62243, 12 October 1984]
PEOPLE OF THE PHILIPPINES, petitioner
vs.
HON. REGINO VERIDIANO II, as Presiding Judge of the Court of First
Instance of Zambales and Olongapo City, Branch I, and BENITO GO
BIO, Jr., respondents
Relova, J.
RELEVANT FACTS

2nd week of May 1979 BENITO GO BIO, Jr (private respondent) issued a BPI check worth P200,000
to FILIPINAS TAN (victim), under false pretenses and pretending to have
sufficient funds.
26 Sept 1979
TAN (victim) encashed the check but it had insufficient funds Despite
multiple demands for payment, GO BIO (accused) failed and continuously
failed to pay.
CRIMINAL CASE FILED
Violation of Batas Pambansa (BP 22) - Bouncing Checks Law
MOTION TO QUASH INFORMATION
Before his arraignment, GO BIO filed a MOTION TO QUASH the information.
He said that there was NO LAW against bouncing checks yet, as BP 22 had
not yet taken effect.
o Prosecutions contention
The date of the DISHONOR of the check (26 Sept 1979) is the date of
the offenses commission
o Respondents submission
BP 22 penalizes the ACT of making/drawing/issuing a check without
sufficient funds
JUDGES ORDER
GRANTED Motion to Quash. Respondent JUDGE VIRDIANO referenced the
Minister of Justice as decreeing that the date of the drawing/making/issuance
of the bounced check is the date that matters and NOT the date of the
checks maturity.
PETITION FOR REVIEW ON CERTIORARI
o Petitioners contention
BP 22 was published in the 09 April 1979 issue of the Official Gazette,
so effectivity would be 15 days after, 24 April 1979.
o Respondents argument
The 09 April 1979 issue of the Official Gazette was actually released on
14 June 1979

University of the Philippines


COLLEGE OF LAW
Persons & Family Relations | Prof. Crisostomo Uribe
CASE DIGEST for F2021
ISSUES

W/N The judges decision siding with the accused is correct.


W/N Publication refers to actual release
W/N The offense was committed on the date of the checks dishonoring
RATIO DECIDENDI

ISSUE
W/N The judges
decision siding with
the accused is
correct.

RATIO
YES
The judge was correct that BP 22 (Bouncing Checks Law)
was not yet effective at the time of the commission of the
offense.

W/N Publication
refers to actual
release

YES
The Copy Editor of the Official Gazette certified that the 09
April 1979 issue was officially released on 14 June 1979.
The SC said the effectivity clause of BP 22 (15 days after
publication) should be given the ordinary accepted
meaning, referring to actual public release.
NO
The title of BP 22 states: An Act penalizing the making
or drawing and issuance of a check without sufficient
funds or credit and for other purposes. The law penalizes
the act of making/drawing/issuing a check that bounces.

W/N The offense was


committed on the
date of the checks
dishonoring
(encashment)

RULING
The order of respondent Judge Veridiano dated 23 August 1982 was AFFIRMED. No
costs.
CONCURRING / DISSENTING OPINION
CONCURRI
NG
DISSENTIN
G

Acting CJ Teehankee:
Actual publication of the penal law is indispensable for its effectivity
(Pesigan vs Angeles, 129 SCRA 174)
None

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