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Susan Go, et al. vs Fernando L. Dimagiba

SUSAN GO and the PEOPLE OF THE PHILIPPINES, Petitioners, versus FERNANDO L. DIMAGIBA, Respondent.

G.R. No. 151876 | 2005-06-21

D E C I S I O N


PANGANIBAN, J.:

Administrative Circular 12-2000, as clarified by Administrative Circular 13-2001, merely establishes a rule of preference in imposing penalties for violations of Batas Pambansa Blg. 22 (BP 22), the "Bouncing Checks Law." When the circumstances of both the offense and the offender indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone -- instead of imprisonment -- is the preferred penalty. As the Circular requires a review of the factual circumstances of a given case, it applies only to pending or future litigations. It is not a penal law; hence, it does not...