Ongson v. People

Summary

Victor Ongson was charged with eight counts of violating BP 22 for issuing bouncing checks totaling P582,149.72 to Samson Uy. The Regional Trial Court convicted him on all counts but issued a constitutionally deficient one-page decision lacking proper factual findings and legal reasoning required under Section 14, Article VIII of the Constitution. The Court of Appeals affirmed with modified penalty. The Supreme Court partially granted Ongson's petition, acquitting him on two counts due to variances between the criminal informations and evidence presented, which violated his constitutional right to be informed of the charges. However, the Court affirmed conviction on six counts, finding all elements of BP 22 established: issuance of checks, knowledge of insufficient funds (presumed from failure to pay within five days of dishonor notice), and actual dishonor. The Court modified the penalty to fine only, following the policy of imposing fines instead of imprisonment for first-time BP 22 offenders, and ordered payment of 12% annual interest on the indemnification amounts.