Republic of the Philippines

Department of Justice
Office of the City Prosecution
Bulwagan ng Katarungan, Tacloban City

RE: FINDINGS IN NPS I.S. NO. VIII-08-INV-17-00001

FOR: VIOLATION OF BATAS PAMBANSA BILANG 22
ANNIL VILLA vs. ADAM VIRNELL PASWEAT

RESOLUTION

Filed before this Office is a Complaint-Affidavit dated April 30,

2018 executed by Annil Villa, Filipino, of legal age, single and a
resident of Brgy. 85, San Jose, Tacloban City.

Respondent, Adam Virnell Pasweat, is a Filipino, of legal age,

single and a resident of Brgy. 34, Tacloban City. Respondent issued in
favor of complainant a check being more particularly described as
follows, to wit:

Check Check Date of Amount Date of Reason

Number Issue Presentme for
nt Dishonor
Landbank 012345 Jan. 15, PHP Feb. 14, DAIF
2018 150,000.00 2018

TOTAL PHP
150,000.00

Complainant alleged that the check was dishonored and returned

by the drawee bank, LANDBANK- Real Branch on the ground that it
was being drawn against an account with insufficient funds; thus, it
was stamped with the word “DAIF” on its face. Complainant claims
that she made a Final Demand Letter dated March 20, 2018 and sent
the same to respondent on the same date. It was received by
respondent himself, as evidence by the Registry Return Card
presented by complainant, which contains the name and signature of
the respondent dated March 25, 2018. However, despite the notice of
dishonour and the demand for payment of the value of the check,
respondent failed to do so within the period of FIVE (5) banking days
given to him.

1
 In her Complaint-Affidavit, the complainant attached the
following documents, to wit:

1. A copy of Metrobank Check No. 012345 as ANNEX-”A”;

2. Final Demand Letter dated March 20, 2018 as ANNEX-”B”;

3. Registry Return Card as ANNEX-”C”;

In his Counter-Affidavit, respondent averred that the value of the

check has already been paid to the complainant. Respondent,
however, failed to provide any proof that would bolster his claim
that indeed payment has been done and that the complainant has
received the same.

Under our jurisprudence, the following are the elements in a case

for violation of Batas Pambansa Bilang 22, to wit:

1. Making, drawing and issuing any check to apply on account or

for value;

2. Knowledge of the maker, drawer or issuer that at the time of issue

he does not have sufficient funds in or credit with the drawee bank
for the payment of the check in full upon its presentment; and

3. Subsequent dishonor of the check by the drawee bank for

insufficiency of funds or credit, or dishonor of the check for the same
reason had not the drawer, without any valid cause, ordered the
bank to stop payment.

To the mind of the investigating prosecutor, all the foregoing

elements are present in the case at hand. First, the copy of the check
proves that respondent indeed drew and issued Landbank Check No.
012345 in favor of complainant; thus, proving the first element.
Second, the subject check was dishonored by LANDBANK- Real
Branch when the same was presented for payment. Consequently, a
Final Demand Letter was sent to the respondent to inform him of the
dishonor of the check he issued, which was duly received by him;
such fact of receipt of the Final Demand Letter was not disputed by
the respondent, therefore proving the third element. Lastly, despite
receipt of the Final Demand Letter, respondent failed to settle the
amount of the check within the five-day reglementary period given
to him by the complainant; thus, proving the second element of the
crime.

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 All the foregoing facts considered, to the mind of the
undersigned prosecutor, there is sufficient evidence that points to
the conclusion that respondent indeed violated Batas Pambansa
Bilang 22; therefore, a finding of probable cause is in order and
respondent should be held for trial in court.

WHEREFORE, FOREGOING PREMISES CONSIDERED, let an

Information for Violation of Batas Pambansa Bilang 22 be filed at
the Municipal Trial Court in Cities – Branch 2, against respondent
ADAM VIRNELL PASWEAT. Bail bond is not required.

Naval, Biliran. June 30, 2018.

ANDREW EY
Prosecutor I
MCLE V-0012345, May 1, 2016

Recommending Approval:

CARDO DALISAY
Prosecutor I
Chief, Preliminary Investigation Division
MCLE V-0000666, July 16, 2016

APPROVED:

JUAN DELA CRUZ

Regional Prosecutor
MCLE V-0000236, July 8, 2013

COPY FURNISHED:

ANNIL VILLA
Brgy. 85 San Jose, Tacloban City

ADAM VIRNELL PASWEAT

Brgy. 34, Tacloban City