2001 / Jun
G.R. No. 117857 LUIS S. WONG, PETITIONER, VS. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES, RESPONDENTS. June 25, 2001
SECOND DIVISION
[ G.R. No. 117857, June 25, 2001 ]
LUIS S. WONG, PETITIONER, VS. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.
R E S O L U T I O N
QUISUMBING, J.:
PETITIONER Luis S. Wong, through counsel, seeks reconsideration of our decision on this case promulgated on February 2, 2001.
In that decision, following policy guidelines set forth in AC No. 12-2000, we deleted the penalty of imprisonment imposed on him below. But we ordered him to pay fines of P6,750.00, P12,820.00 and P11,000.00 respectively corresponding to twice the face value of three checks involved in Criminal Cases Nos. CBU-12057, 12058, and 12055; as well as civil indemnity in the amount of P18,025.00, in connection with his conviction for violation of the Bouncing Checks Law (BP Blg. 22).
In his motion for reconsideration now before us, he avers,inter alia, that the amount of civil indemnity imposed is erroneous. He states that:
FINDING his motion for reconsideration meritorious but only with respect to the prayer for recomputation of civil indemnity to be imposed, we now set the amount thereof to onlyP15,285.00, which is the correct sum of the face value of the three checks involved in the present case.
ACCORDINGLY,the dispositive portion of our Decision in this case is hereby amended to read as follows:
SO ORDERED.
Bellosillo, (Chairman), Mendoza, Buena, andDe Leon, Jr., JJ.,concur.
In that decision, following policy guidelines set forth in AC No. 12-2000, we deleted the penalty of imprisonment imposed on him below. But we ordered him to pay fines of P6,750.00, P12,820.00 and P11,000.00 respectively corresponding to twice the face value of three checks involved in Criminal Cases Nos. CBU-12057, 12058, and 12055; as well as civil indemnity in the amount of P18,025.00, in connection with his conviction for violation of the Bouncing Checks Law (BP Blg. 22).
In his motion for reconsideration now before us, he avers,inter alia, that the amount of civil indemnity imposed is erroneous. He states that:
"The error in the statement of the amount of civil indemnity is quite obviously caused by the inadvertent addition of the three checks issued by petitioner which were the subject ofanother casewhere he had long ago been acquitted. This acquittal is duly noted by this Honorable Court in footnote 5 of page 3 of its Decision. The error, though the product of inadvertence, is error nonetheless. And it must be corrected, with all due respect." (Motion for Reconsideration, p. 2.)
FINDING his motion for reconsideration meritorious but only with respect to the prayer for recomputation of civil indemnity to be imposed, we now set the amount thereof to onlyP15,285.00, which is the correct sum of the face value of the three checks involved in the present case.
ACCORDINGLY,the dispositive portion of our Decision in this case is hereby amended to read as follows:
"WHEREFORE, the petition isDENIED. Petitioner Luis S. Wong is found liable for violation of Batas Pambansa Blg. 22 but the penalty imposed on him is herebyMODIFIEDso that the sentence of imprisonment is deleted. Petitioner isORDEREDto pay aFINEof (1) P6,750.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12057, (2) P12,820.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12058, and (3) P11,000.00, equivalent to double the amount of the check involved in Criminal Case No. CBU-12055, with subsidiary imprisonment in case of insolvency to pay the aforesaid fines. Finally, as civil indemnity, petitioner is also ordered to pay to LPI the face value of said checks totalingP15,285.00with legal interest thereon from the time of filing the criminal charges in court, as well as to pay the costs."
SO ORDERED.
Bellosillo, (Chairman), Mendoza, Buena, andDe Leon, Jr., JJ.,concur.