Court clears former mayor in bouncing check case

The court has acquitted former Compostela mayor Gilbert Wagas from three counts of violation of Batas Pambansa Bilang 22 otherwise known as Anti-Bouncing Check Law.

Municipal Trial Court in Cities Branch 5 Presiding Judge Oscar Andrino, however, ordered Wagas to pay P118,243.12 to the complainant, excluding the 12 percent legal interest per year, from the filing of the case until the finality of the decision.

In 1997, Wagas purchased radio communication equipment from Deacon Enterprises along D. Jakosalem Street.

Wagas issued Bank of Philippine Islands check no. 11009 dated May 15, 1997 in the amount of P84,430, and Far East Bank and Trust Company check no. 44102 dated May 15, 1997 in the amount of P21,200.

But complainant James John Ceballos alleged that the BPI check was dishonored as the account has already been closed while the FEBTC check was dishonored due to insufficient funds.

This prompted the complainant to sent a letter dated June 6, 1997 to Wagas demanding that he pay P118,243.12, including the interest and penalty charges.

A week after, Ceballos collected from Wagas FEBTC check no. 44132 dated June 22, 1997 in the amount of P118,243.12. But the check was also dishonored due to "account closed."

In his reply dated June 25, 1997, Wagas asked for a 45-day grace period within which to pay his obligation, but no payment was reportedly made by the accused despite repeated demands from the complainant.

But the court found out that the evidence does not clearly established when the notice of dishonor was served to the accused.

The complainant testified that he collected the replacement check a week after June 6, 1997 but cannot recall on the specific date, thus, there was no way of determining when the five-day period prescribed in Section 2 of BP 22 would start and end.

"Payment or arrangement for the payment of the value of the checks is a complete defense; the accused may no longer be indicted for violation of Section 1, BP 22. If he is so indicted, he may set up the payment of the amount due as a complete defense," the court said. - Gregg M. Rubio/LPM