Bayani vs. People

SUPREME COURT REPORTS ANNOTATED VOLUME 530 10/09/2018, 11:50 AM
84 SUPREME COURT REPORTS ANNOTATED

Bayani vs. People
*
G.R. No. 155619. August 14, 2007.
LEODEGARIO BAYANI, petitioner, vs. PEOPLE OF THE

PHILIPPINES, respondent.
Criminal Law; Bouncing Checks Law; Jurisdictions;

Jurisdiction of the Court over cases elevated from the Court of
Appeals is limited to reviewing or revising errors of law ascribed to
the Court of Appeals, whose factual findings are conclusive and
carry even more weight when said court affirms the findings of the
trial court, absent any showing that the findings are totally devoid of
support in the record or that they are so glaringly erroneous as to
constitute serious abuse of discretion.·Well-settled is the rule that
the factual findings and conclusions of the trial court and the CA
are entitled to great weight and respect, and will not be disturbed
on appeal in the absence of any clear showing that the trial court
overlooked certain facts or circumstances which would substantially
affect the disposition of the case. Jurisdiction of this Court over
cases elevated from the CA is limited to reviewing or revising errors
of law ascribed to the CA, whose factual findings are conclusive and
carry even more weight when said court affirms the findings of the
trial court, absent any showing that the findings are totally devoid
of support in the record or that they are so glaringly erroneous as to
constitute serious abuse of discretion.
Same; Same; Evidence; Hearsay Evidence; Under Section 36 of
Rule 130 of the Rules of Court, any evidence·whether oral or
documentary·is hearsay if its probative value is not based on the
personal knowledge of the witness but on that of some other person
who is not on the witness stand.·Section 36 of Rule 130 of the
Rules of Court provides for the rule on hearsay evidence, to wit: Sec.
36. Testimony generally confined to personal knowledge; hearsay
http://www.central.com.ph/sfsreader/session/00000165c199304fc4057322003600fb002c009e/p/AQP249/?username=Guest Page 1 of 15
ex-cluded.·A witness can testify only to those facts which he knows

of his personal knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules. Under the
above rule, any evidence·whether oral or documentary·is hearsay
if its probative value is not based on the personal knowledge of the
witness, but on that of some other person who is not on the witness
_______________
* THIRD DIVISION.
85
VOL. 530, AUGUST 14, 2007 85
Bayani vs. People
stand. Hence, information that is relayed to the former by the latter

before it reaches the court is considered hearsay.
Same; Same; Same; In failing to object to the testimony on the

ground that it was hearsay, the evidence offered may be admitted.·
Petitioner is barred from questioning the admission of EvangelistaÊs
testimony even if the same is hearsay. Section 34, Rule 132 of the
Rules of Court requires that the trial court shall not consider any
evidence which has not been finally offered. Section 35 of the same
Rule provides that as regards the testimony of a witness, the offer
must be made at the time the witness is asked to testify. And under
Section 36 of the same Rule, objection to a question propounded in
the course of the oral examination of a witness shall be made as
soon as the ground therefor becomes reasonably apparent. Thus, it
has been held that „in failing to object to the testimony on the
ground that it was hearsay, the evidence offered may be admitted.‰
Since no objection to the admissibility of EvangelistaÊs testimony
was timely made·from the time her testimony was offered and up
to the time her direct examination was conducted·then petitioner
has effectively waived any objection to the admissibility thereof and
his belated attempts to have her testimony excluded for being
hearsay has no ground to stand on.
Same; Same; Same; Although hearsay evidence may be
admitted because of lack of objection by the adverse partyÊs counsel,

it is nonetheless without probative value, unless the proponent can
show that the evidence falls within the exception to the hearsay
evidence rule.·While EvangelistaÊs statement may be admitted in
evidence, it does not necessarily follow that the same should be
given evidentiary weight. Admissibility of evidence should not be
equated with weight of evidence. In this regard, it has been held
that although hearsay evidence may be admitted because of lack of
objection by the adverse partyÊs counsel, it is nonetheless without
probative value, unless the proponent can show that the evidence
falls within the exception to the hearsay evidence rule.
Same; Same; Elements of the Offense Penalized by Batas Pam-
bansa Blg. 22; Upon the issuance of the checks and in the absence of
evidence to the contrary, it is presumed that the same was issued for
valuable consideration.·The elements of the offense penalized by
Batas Pambansa Blg. 22 are: (1) the making, drawing, and issuance
86
Bayani vs. People
of any check to apply for account or for value; (2) the knowledge of
the maker, drawer, or issuer that at the time of issue there are no
sufficient funds in or credit with the drawee bank for the payment
of such check in full upon its presentment; and (3) the subsequent
dishonor of the check by the drawee bank for insufficiency of funds
or credit or dishonor for the same reason had not the drawer,
without any valid cause, ordered the bank to stop payment. As
regards the first element, it is presumed, upon issuance of the
checks and in the absence of evidence to the contrary, that the same
was issued for valuable consideration. Under the Negotiable
Instruments Law, it is presumed that every party to an instrument
acquired the same for a consideration or for value. In alleging that
there was no consideration for the subject check, it devolved upon
petitioner to present convincing evidence to overthrow the
presumption and prove that the check was issued without
consideration.
Same; Same; What the law punishes is the mere act of issuing a
bouncing check, not the purpose for which it was issued or the terms
and conditions relating to its issuance.·What the law punishes is
the mere act of issuing a bouncing check, not the purpose for which
it was issued or the terms and conditions relating to its issuance.
The law does not make any distinction on whether the checks
within its contemplation are issued in payment of an obligation or
to merely guarantee the obligation. The thrust of the law is to
prohibit the making of worthless checks and putting them in
circulation.
PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.

Emmanuel Z. Velasco, Jr. for petitioner.
The Solicitor General for respondent.
AUSTRIA-MARTINEZ, J.:
Leodegario Bayani (petitioner) was charged with Violation

of Batas Pambansa Blg. 22 in an Information, to wit:
„That on or about the 20th day of August 1992, in the Municipality

of Candelaria, Province of Quezon, Philippines, and within the
87
VOL. 530, AUGUST 14, 2007 87

Bayani vs. People
jurisdiction of this Honorable Court, the above-named accused did

then and there willfully, unlawfully and feloniously issue and make
out Check No. 054924 dated August 26, 1992, in the amount of TEN
THOUSAND PESOS (P10,000.00) Philippine Currency, drawn
against the PS Bank, Candelaria Branch, Candelaria, Quezon,
payable to „Cash‰ and give the said check to one Dolores
Evangelista in exchange for cash although the said accused knew
fully well at the time of issuance of said check that he did not have
sufficient funds in or credit with the drawee bank for payment, the
same was dishonored and refused payment for the reason that the
drawer thereof, the herein accused, had no sufficient funds therein,
and that despite due notice said accused failed to deposit the
necessary amount to cover said check, or to pay in full the amount
of said check, to the damage and prejudice of said Dolores

Evangelista in the aforesaid amount.
1
Contrary to law.‰
After trial, petitioner was convicted by the Regional Trial

Court (RTC) of Lucena City, Branch 55, in a Decision
rendered on November 20, 1995, the dispositive portion of
which reads:
„WHEREFORE, in view of the foregoing considerations, this Court

finds the accused Leodegario S. Bayani, GUILTY beyond reasonable
doubt of violating Section 1, Batas Pambansa Blg. 22, and hereby
sentences him to suffer one (1) year imprisonment and a fine of Five
Thousand (P5,000.00) Pesos, with subsidiary imprisonment in case
of insolvency. He shall likewise pay the complaining witness,
Dolores Evangelista, the sum of P10,000.00, the value of Check No.
054924 he issued and drew against PS Bank, Candelaria Branch,
which was subsequently dishonored by the said drawee bank for
insufficiency of funds.
The accused Leodegario Bayani is further ordered to pay Dolores
Evangelista the amount of P5,000.00 representing attorneyÊs fees.
He shall also pay double the cost of this suit.
2
SO ORDERED.‰
_______________
1 Records, pp. 2-3.

2 Id., at p. 251.
88

Bayani vs. People
In convicting petitioner, the trial court made the following

findings of facts:
1. That the Philippine Savings Bank, Candelaria

Branch, has issued to the accused check booklet
(Exh. „C‰) on December 12, 1991, with the Check
No. 054924 as one of those included in said booklet
of checks;
2. That the said Check No. 054924 dated August 26,

1992, was drawn and issued payable to Cash in the
amount of P10,000.00; said drawn check was made
to apply to the account of the accused, Leodegario S.
Bayani whose name appears therein in bold print at
the upper portion of the said check;
3. That said Check No. 054924, is a post-dated check,
was subsequently dishonored by the drawee bank,
PS Bank, Candelaria Branch, for insufficiency of
funds;
4. That the checking account of the accused
Leodegario S. Bayani with PS Bank, Candelaria
Branch, was closed on September 1, 1992 (Exh. „B-
3‰), which at the time had only remaining
3
deposit in
the amount of P2,414.96 (Exh. „B-4‰).
The trial court also made the following findings:
„The check in question is postdated, issued and drawn on August

20, 1992, and dated August 26, 1992. It was presented to
complaining witness, Dolores Evangelista, for encashment by Alicia
Rubia whom the former knows. After the check was deposited with
the bank, it was returned to Evangelista for insufficiency of funds
(Exh. „A-5‰). Thereafter, she pursued the following events to
demand payment of the value of the check:
xxxx
After the confrontation at the office of Atty. Emmanuel Velasco,
Evangelista has had another confrontation with the accused Bayani
and Alicia Rubia at Candelaria municipal building before Brgy.
Captain Nestor Baera, but again the accused and Rubia pointed to
each other for the settlement of the amount involved in the check in
question.
_______________
3 Id., at pp. 247-248.
89
VOL. 530, AUGUST 14, 2007 89

Bayani vs. People
Of these two (2) confrontations Evangelista had with the accused

Bayani and Alicia Rubia, including the chances to have met or
known the complaining witness Evangelista since 1977 up to the
filing of the instant case in the Municipal Trial Court of Candelaria,
all what the accused Leodegario Bayani could say were flat denials
of having talked with, or otherwise met Evangelista, regarding the
latterÊs claim of payment of the value of Check No. 054924,
admittedly from the check booklet of the said accused Bayani issued
4
by PS Bank, Candelaria Branch.‰
5
On appeal, the Court of Appeals (CA) affirmed in toto the
trial courtÊs decision. The CAÊs Decision dated January 30,
2002 provides for the following dispositive portion:
„WHEREFORE, and it appearing from the circumstances of both

the offense and the offender which does not indicate good faith or a
clear mistake of fact in accordance with the Administrative Circular
No. 13-2001, the judgment appealed from is AFFIRMED in toto,
with costs.
6
SO ORDERED.‰
Thus, herein petition for review on certiorari under Rule

45, Rules of Court, with the following assignment of errors:
THE COURT OF APPEALS, WITH DUE RESPECT, ERRED IN

REFUSING TO ACQUIT THE ACCUSED DESPITE THE
CONVICTION OF THE TRIAL COURT IS UTTERLY BASED ON
HEARSAY EVIDENCE;
THE COURT OF APPEALS ERRED IN CONVICTING THE
ACCUSED DESPITE THE CONSIDERATION FOR THE
ISSUANCE OF THE CHECK WAS NOT DULY ESTABLISHED;
THE TRIAL COURT AND THE COURT OF APPEALS ERRED
WHEN THEY CONVICTED THE ACCUSED BASED ON THE
_______________
4 Id., at pp. 248-249.

5 Penned by Associate Justice Teodoro P. Regino, with Associate
Justices Eugenio S. Labitoria and Rebecca De Guia-Salvador, concurring.
6 CA Rollo, p. 91.
90

Bayani vs. People
WEAKNESS OF THE LATTERÊS EVIDENCE AND NOT ON THE

STRENGTH OF PROSECUTIONÊS EVIDENCE;
THE TRIAL COURT AND THE COURT OF APPEALED (sic)
ERRED IN CONVICTING THE ACCUSED SOLELY ON THE
7
BASES OF PRESUMPTIONS.
On the other hand, the Office of the Solicitor General

(OSG), representing respondent, argues that: (1)
petitionerÊs denial of his liability for Check No. 05492
cannot overcome the primordial fact that his signature
appears on the face of such check; (2) want of consideration
is a personal defense and is not available against a holder
in due course; and (3) the constitutional presumption of8
innocence was overcome by the requisite quantum of proof.
Well-settled is the rule that the factual findings and
conclusions of the trial court and the CA are entitled to
great weight and respect, and will not be disturbed on
appeal in the absence of any clear showing that the trial
court overlooked certain facts or circumstances which
would substantially affect the disposition of the case.
Jurisdiction of this Court over cases elevated from the CA
is limited to reviewing or revising errors of law ascribed to
the CA, whose factual findings are conclusive and carry
even more weight when said court affirms the findings of
the trial court, absent any showing that the findings are
totally devoid of support in the record or that they are so
glaringly 9erroneous as to constitute serious abuse of
discretion.
The Court sustains the CA in affirming petitionerÊs
conviction by the RTC.
Petitioner denies having issued the check subject of this
case. He argues that the evidence pinpointing him as the
signatory on the check is merely hearsay.
_______________
7 Rollo, p. 15.
8 Id., at pp. 106-107.
9 Ty v. People, G.R. No. 149275, September 27, 2004, 439 SCRA 220,
228-229.
91
VOL. 530, AUGUST 14, 2007 91

Bayani vs. People
Section 36 of Rule 130 of the Rules of Court provides for the

rule on hearsay evidence, to wit:
„Sec. 36. Testimony generally confined to personal knowledge;

hearsay excluded.·A witness can testify only to those facts which
he knows of his personal knowledge; that is, which are derived from
his own perception, except as otherwise provided in these rules.‰
Under the above rule, any evidence·whether oral or

documentary·is hearsay if its probative value is not based
on the personal knowledge of the witness, but on that of
some other person who is not on the witness stand. Hence,
information that is relayed to the former by 10the latter
before it reaches the court is considered hearsay.
In the present case, complainant Evangelista testified
that she was approached by Alicia Rubia who told her that
she was requested by petitioner to have 11 the check
exchanged for cash, as he needed money badly. Obviously,
EvangelistaÊs testimony is hearsay since she had no
personal knowledge of the fact that petitioner indeed
requested Rubia to have the check exchanged for cash, as
she was not personally present when petitioner supposedly
made this request. What she testified to, therefore, was a
matter that was not derived from her own perception but
from RubiaÊs.
However, petitioner is barred from questioning the
admission of EvangelistaÊs testimony even if the same is
hearsay. Section 34, Rule 132 of the Rules of Court requires
that the trial court shall not consider any evidence which
has not been finally offered. Section 35 of the same Rule
provides that as regards the testimony of a witness, the
offer must be made at the time the witness is asked to
testify. And under Section 36 of the same Rule, objection to
a question propounded in the
_______________
10 Bon v. People, G.R. No. 152160, January 13, 2004, 419 SCRA 101,
109.
11 TSN, June 29, 1993, p. 14.
92

Bayani vs. People
course of the oral examination of a witness shall be made

as soon as the ground therefor becomes reasonably
apparent.
Thus, it has been held that „in failing to object to the
testimony on the ground that 12
it was hearsay, the evidence
offered may be admitted.‰ Since no objection to the
admissibility of EvangelistaÊs testimony was13
timely made·
from the time her testimony was offered and up14 to the
time her direct examination 15was conducted ·then
petitioner has effectively waived any objection to the
admissibility thereof and his belated attempts to have her
testimony excluded for being hearsay has no ground to
stand on.
While EvangelistaÊs statement may be admitted in
evidence, it does not necessarily follow that the same
should be given evidentiary weight. Admissibility of 16
evidence should not be equated with weight of evidence.
In this regard, it has been held that although hearsay
evidence may be admitted because of lack of objection by
the adverse partyÊs
17
counsel, it is nonetheless without
probative value, unless the proponent can show that the
evidence
18
falls within the exception to the hearsay evidence
rule.
In this case, EvangelistaÊs testimony may be considered
as an independently relevant statement, an exception to
the hearsay rule, the purpose of which is merely to
establish the fact that the statement was made or the tenor
of such state-
_______________
12 Cabugao v. People, G.R. No. 158033, July 30, 2004, 435 SCRA 624,
633.
13 TSN, June 29, 1993, pp. 4-6.
14 Id.
15 Maunlad Savings and Loan Association, Inc. v. Court of Appeals,
399 Phil. 590, 599; 346 SCRA 35, 43 (2000).
16 People v. Parungao, 332 Phil. 917, 924; 265 SCRA 140, 147 (1996).
17 De la Torre v. Court of Appeals, 355 Phil. 826, 638; 294 SCRA 196,
204 (1998).
18 PNOC Shipping and Transport Corporation v. Court of Appeals, 358
Phil. 38, 54; 297 SCRA 402, 421 (1998).
93
VOL. 530, AUGUST 14, 2007 93

Bayani vs. People
ment. Independent of the truth or the falsity of the 19

statement, the fact that it has been made is relevant.
When Evangelista said that Rubia told her that it was
petitioner who requested that the check be exchanged for
cash, Evangelista was only testifying that Rubia told her of
such request. It does not establish the truth or veracity of
RubiaÊs statement since it is merely hearsay, as Rubia was
not presented in court to attest to such utterance. On this
score, evidence regarding the making of such
independently relevant statement is not secondary but
primary, because the statement itself may (a) constitute a
fact in issue or (b) be20 circumstantially relevant as to the
existence of that fact. Indeed, independent of its truth or
falsehood, EvangelistaÊs statement is relevant to the issues
of petitionerÊs falsehood, his authorship of the check in
question and consequently, his culpability of the offense
charged.
In any event, petitionerÊs conviction did not rest solely
on EvangelistaÊs testimony. There are other pieces of
evidence on record that established his guilt, to wit: the
subject check was included in the booklet of checks issued
by the PSBank to petitioner; the subject check was made to
apply to the account of petitioner whose name appears on
the upper portion of the said check; and most telling is that
petitioner never categorically denied that the signature
appearing on the check was his. What petitioner claimed

was that the signature on the check was similar to his
signature, although there were „differences,‰ viz.:
Q: I am showing to you a certain document purpurting

(sic) to be PSB Check No. 054924, will you please look
at this particular document and tell this Honorable
Court if this particular check is one of those issued to
you by the Phil-ippine SavingÊs Bank?
A: Yes, sir.
_______________
19 Lea Mer Industries, Inc. v. Malayan Insurance, Co., Inc., G.R. No.
161745, September 30, 2005, 471 SCRA 698, 714.
20 Republic v. Heirs of Felipe Alejaga, Sr., 441 Phil. 656, 672; 393
SCRA 361, 371 (2002).
94

Bayani vs. People
Q: Now, there appears a signature above a line located at

the bottom of the said check which appears to be
Leode-gario Bayani, please tell this Honorable Court if
you know this particular signature?
A: Although it is similar to my signature I could not tell if
this is my signature, sir.
Q: Please explain to this Honorable Court why is it so?
A: Because there are some differences, sir.
Q: Please tell this Honorable Court the particular
differences you are referring to?
A: At the middle of the signature I usually put my middle
initial and also the beginning of my family
21
name is
almost connected with each other, sir.
Neither did petitioner claim that the signature was a

forgery. Had he done so, then a forensic examination of the
signature in appearing on the check and his signature
would have been made in order to determine the

genuineness or authenticity of the signature appearing on
the check.
All these pieces of evidence, taken together, inevitably
support the finding of petitionerÊs guilt beyond reasonable
doubt of the offense charged.
Petitioner also argues that he cannot be convicted due to
the prosecutionÊs failure to prove that the subject check was
issued to apply on account or for value.
The elements of the offense penalized by Batas
Pambansa Blg. 22 are:
(1) the making, drawing, and issuance of any check to

apply for account or for value;
(2) the knowledge of the maker, drawer, or issuer that
at the time of issue there are no sufficient funds in
or credit with the drawee bank for the payment of
such check in full upon its present-ment; and
_______________
21 TSN, November 23, 1994, pp. 10-11.
95
VOL. 530, AUGUST 14, 2007 95

Bayani vs. People
(3) the subsequent dishonor of the check by the drawee

bank for insufficiency of funds or credit or dishonor
for the same reason had not the drawer, without
any valid22
cause, ordered the bank to stop
payment.
As regards the first element, it is presumed, upon issuance

of the checks and in the absence of evidence to the contrary,
23
that the same was issued for valuable consideration.
Under the Negotiable Instruments Law, it is presumed that
every party to an instrument
24
acquired the same for a
consideration or for value. In alleging that there was no
consideration for the subject check, it devolved upon
petitioner to present convincing evidence to overthrow the
presumption and prove that the check was issued without

consideration.
Valuable consideration may consist either of some right,
interest, profit or benefit accruing to the party who makes
the contract; or some forbearance, detriment, loss of some
responsibility to act; or labor or service given, suffered or
undertaken by the other side. It is an obligation to do or
not to do, in favor of the party 25
who makes the contract,
such as the maker or indorser. It was shown in this case
that the check was issued and exchanged for cash. This
was the valuable consideration for which the check was
issued.
At any rate, what the law punishes is the mere act of
issuing a bouncing check, not the purpose for which it was
issued or the terms and conditions relating to its issuance.
The law does not make any distinction on whether the
checks within its contemplation are issued in payment of
an obligation or to merely guarantee the obligation. The
thrust of the law is to
_______________
22 Marigomen v. People, G.R. No. 153451, May 26, 2005, 459 SCRA
169, 179.
23 Ty v. People, supra note 9, at p. 233.
24 NEGOTIABLE INSTRUMENTS LAW, Sec. 24.
25 Lee v. Court of Appeals, G.R. No. 145498, January 17, 2005, 448
SCRA 455, 474-475.
96

Bayani vs. People
prohibit the making

26
of worthless checks and putting them
in circulation.
Thus, the Court cannot sustain petitionerÊs stance that
the prosecution failed to prove his guilt. As ruled in Lee v.
Court of Appeals:
„Proof beyond reasonable doubt does not mean absolute certainty.

Suffice it to say the law requires only moral certainty or that degree
27
of proof which produces conviction in a prejudiced mind.‰
After going over the evidence presented by the prosecution

and the defense in this case, the Court finds no reason to
overturn the judgment of conviction rendered by the RTC,
as affirmed by the CA, as the prosecution sufficiently
proved petitionerÊs guilt beyond reasonable doubt.
WHEREFORE, the petition is DENIED.
SO ORDERED.
Ynares-Santiago (Chairperson), Chico-Nazario,

Nachura and Reyes, JJ., concur.
Petition denied.
Note.·In view of Administrative Circular No. 12-2000,

the penalty for violation of Batas Pambansa Blg. 22 is
modified and penalty of imprisonment is now deleted.
(Garcia vs. Court of Appeals, 393 SCRA 79 [2002])
··o0o··
_______________
26 Ty v. People, supra note 9, at p. 235

27 Lee v. Court of Appeals, supra note 25, at p. 476.
97
© Copyright 2018 Central Book Supply, Inc. All rights reserved.

Bayani vs. People

Uploaded by

Copyright:

Available Formats

Bayani vs. People

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Bayani vs. People

Uploaded by

Copyright:

Available Formats

SUPREME COURT REPORTS ANNOTATED VOLUME 530 10/09/2018, 11:50 AM

84 SUPREME COURT REPORTS ANNOTATED

LEODEGARIO BAYANI, petitioner, vs. PEOPLE OF THE

Criminal Law; Bouncing Checks Law; Jurisdictions;

ex-cluded.·A witness can testify only to those facts which he knows

VOL. 530, AUGUST 14, 2007 85

Bayani vs. People

stand. Hence, information that is relayed to the former by the latter

Same; Same; Same; In failing to object to the testimony on the

admitted because of lack of objection by the adverse partyÊs counsel,

86 SUPREME COURT REPORTS ANNOTATED

Bayani vs. People

PETITION for review on certiorari of a decision of the

The facts are stated in the opinion of the Court.

Leodegario Bayani (petitioner) was charged with Violation

„That on or about the 20th day of August 1992, in the Municipality

VOL. 530, AUGUST 14, 2007 87

jurisdiction of this Honorable Court, the above-named accused did

of said check, to the damage and prejudice of said Dolores

After trial, petitioner was convicted by the Regional Trial

„WHEREFORE, in view of the foregoing considerations, this Court

1 Records, pp. 2-3.

88 SUPREME COURT REPORTS ANNOTATED

In convicting petitioner, the trial court made the following

1. That the Philippine Savings Bank, Candelaria

2. That the said Check No. 054924 dated August 26,

The trial court also made the following findings:

„The check in question is postdated, issued and drawn on August

3 Id., at pp. 247-248.

VOL. 530, AUGUST 14, 2007 89

Of these two (2) confrontations Evangelista had with the accused

„WHEREFORE, and it appearing from the circumstances of both

Thus, herein petition for review on certiorari under Rule

THE COURT OF APPEALS, WITH DUE RESPECT, ERRED IN

4 Id., at pp. 248-249.

90 SUPREME COURT REPORTS ANNOTATED

WEAKNESS OF THE LATTERÊS EVIDENCE AND NOT ON THE

On the other hand, the Office of the Solicitor General

VOL. 530, AUGUST 14, 2007 91

Section 36 of Rule 130 of the Rules of Court provides for the

„Sec. 36. Testimony generally confined to personal knowledge;

Under the above rule, any evidence·whether oral or

92 SUPREME COURT REPORTS ANNOTATED

course of the oral examination of a witness shall be made

VOL. 530, AUGUST 14, 2007 93

ment. Independent of the truth or the falsity of the 19

appearing on the check was his. What petitioner claimed

Q: I am showing to you a certain document purpurting

94 SUPREME COURT REPORTS ANNOTATED

Q: Now, there appears a signature above a line located at

Neither did petitioner claim that the signature was a

would have been made in order to determine the

(1) the making, drawing, and issuance of any check to

21 TSN, November 23, 1994, pp. 10-11.

VOL. 530, AUGUST 14, 2007 95

(3) the subsequent dishonor of the check by the drawee

As regards the first element, it is presumed, upon issuance

presumption and prove that the check was issued without

96 SUPREME COURT REPORTS ANNOTATED