Facts: On several occasions, petitioner Sapiera, a sari-sari store owner, purchased from Monnico Mart certain grocery items, mostly cigarettes, and paid for them with checks issued by one Arturo de Guzman. These checks were signed at the back by the petitioner.
When presented for payment, the checks were dishonored because the drawer’s account was already closed. Private respondent Roman Sua informed De Guzman and petitioner about the dishonor but both failed to pay the value of the checks. Hence, four (4) charges of estafa were filed against petitioner but consequently she was acquitted for insufficiency of evidence but the court a quo did not rule on whether she could be held civilly liable for the checks she indorsed to private respondent. On appeal, the respondent court ordered petitioner to pay private respondent the remaining P210, P150. After deducting the amount already collected by the latter as civil indemnity in the criminal cases against De Guzman. Hence, this instant petition.
Issue: Can petitioner be required to pay civil indemnity to private respondent after trial court had acquitted her of criminal charges?
Held: Yes. It is undisputed that the four (4) checks issued by De Guzman were signed by petitioner at the back without any indication as to how she should be bound thereby and, therefore, she is deemed to be an indorser thereof. The NIL clearly provides – Sec. 17. Construction where instrument is ambiguous. --- Where the language of the instrument is ambiguous, or there are admissions therein, the following rules of construction apply: x x x (f) Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is deemed an indorser. x x x
The dismissal of the criminal cases against petitioner did not erase her civil liability since the dismissal was due to insufficiency of evidence and not from a declaration from the court that the fact from which the civil action might arise did not exist. An accused acquitted of estafa may nevertheless be held civilly liable where the facts established by the evidence so warrant. The accused should be adjudged liable for the unpaid value of the checks signed by her in favor of the complainant.
0 comments:
Post a Comment