Lim Lao was convicted of issuing checks with insufficient funds after private complainant Fr. Pelijo was unable to encash checks he received from investing with Lim Lao's company. Lim Lao argued she lacked knowledge of the fund insufficiency and did not receive personal notice of dishonor. The court held that penal statutes are construed liberally in favor of the accused, and there was no evidence Lim Lao received notice of dishonor within 5 days as required. The related jurisprudence of Dingle vs IAC also found spouses not criminally liable for issuing checks by their company without receiving personal notice of dishonor.
Lim Lao was convicted of issuing checks with insufficient funds after private complainant Fr. Pelijo was unable to encash checks he received from investing with Lim Lao's company. Lim Lao argued she lacked knowledge of the fund insufficiency and did not receive personal notice of dishonor. The court held that penal statutes are construed liberally in favor of the accused, and there was no evidence Lim Lao received notice of dishonor within 5 days as required. The related jurisprudence of Dingle vs IAC also found spouses not criminally liable for issuing checks by their company without receiving personal notice of dishonor.
Lim Lao was convicted of issuing checks with insufficient funds after private complainant Fr. Pelijo was unable to encash checks he received from investing with Lim Lao's company. Lim Lao argued she lacked knowledge of the fund insufficiency and did not receive personal notice of dishonor. The court held that penal statutes are construed liberally in favor of the accused, and there was no evidence Lim Lao received notice of dishonor within 5 days as required. The related jurisprudence of Dingle vs IAC also found spouses not criminally liable for issuing checks by their company without receiving personal notice of dishonor.
LIM LAO vs. CA & People of the Philippines Sec 102 | Time within which notice must be given Facts: Private complainant Fr. Pelijo, as the provincial secretary of the Society of the Divine Word, invested 514k with . When Fr. Pelijo presented the checks for encashment, they wer Fr. Pelijo then filed BP 22 charges against Lim Lao, and Asprec, alleging that Asprec remained at large while Lim Lao was convicted. Lim Laos Defense: Lack of actual knowledge of fund insufficiency & lack of personal notice of dishonor 1. 2. since this devolved on the Treasury Dept, headed by Ms. Ocampo in the Cubao branch. 3. 4. 5. Issue: notice to Lim Lao Held: NO. After a decade of decision. Ruling: Penal statutes are strictly construed against the state and liberally in favor of the accused. Lina Lim 1. 2. the payment o 3. " dishonor # There can be no prima pacie evidence of #2 There must be a showing that within 5 banking days from Related Jurisprudence: Dingle vs IAC. Spouses Paz and Nestor Dingle owned PMD Enterprises. The spouses purportedly issued