Lim v CA

Facts:
The Lim spouses were the president and treasurer of Rigibuilt, and they had been transacting with
Linton for years. Linton was their supplier for steel bars and sticks. The Lims ordered 2,600 Z purlins for
the amount of P241,800, and they paid 7 Solidbank checks, issued upon delivery of the supplies on
various occassions. Yu Bin, the President/Manager of Linton deposited the checks with RCBC, but they
were dishonored, due to insufficiency of funds and payment stopped. The RTC convicted the Lims of
Estafa and violation of BP 22, and ordered them to indemnify Linton. CA acquitted the LIms of estafa,
but affirmed the conviction of BP 22.

Held:
the checks were issued at the place of business of the drawer, and received by the collector of Linton as
the payee. They were dishonored by the drawee bank, Solidbank. To issue means the first delivery of the
instrument complete in form to a person who takes it as a holder. The holder is the payee or indorsee of
a bill or note who is in possession of it or its bearer. Delivery is the final act essential to its
consummation as an obligation. Delivery is the transfer of possession with intent to transfer title thereto.
The receipt of the checks by the collector was not the delivery thereof, as he wa not the payee or
indorsee. The Lims did not overcome the prima facie presumption of knowledge of the insufficiency of
funds required under BP 22. They were presented within 90 days, but not paid in full within 5 days. Lims
guilty of estafa and violation of BP 22.