Professional Documents
Culture Documents
SUPREME COURT
Manila
FIRST DIVISION
G.R. No. 195064 January 15, 2014
NARI K. GIDWANI, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, Respondent.
DECISION
SERENO, CJ:
Before us is a Petition1 under Rule 45 of the Rules of Court, assailing the Decision 2 and the subsequent Resolution 3of
the Court of Appeals CA) in CA-G.R. CR No. 32642 dated 17 September 2010 and 6 January 2011, respectively.
The facts are as follows:
Petitioner is the president of G.G. Sportswear Manufacturing Corporation GSMC), which is engaged in the export of
ready-to-wear clothes. GSMC secured the embroidery services of El Grande Industrial Corporation El Grande) and
issued on various dates from June 1997 to December 1997 a total of 10 Banco de Oro (BDO) checks as payment for
the latter’s services worth an aggregate total of ₱1,626,707.62.
Upon presentment, these checks were dishonored by the drawee bank for having been drawn against a closed account.
Thus, El Grande, through counsel, sent three demand letters regarding 8 of the 10 issued checks: 4
Footnotes
*Designated as additional member per Raffle dated 8 November 2011 in lieu of Associate Justice Bienvenido
L. Reyes, who took no part due to prior action in the Court of Appeals.
1 Rollo pp. 8-27.
2Id at 28-36; Penned by Associate Justice Estela M. Perlas-Bernabe (now a member of this Court), with
Associate Justices Bienvenido L. Reyes (now also a member of this Court) and CA Associate Justice Elihu A
Ybañez concurring.
3 Id at 37.
4 Id. at 51-53.
5 Id. at 56.
6 Id. at 55.
7 Id. at 105-112.
8 Id. at 46-49.
9 Id. at 176-186.
10 Id. at 66-73.
11 Rollo, pp. 28-36.
12 Id. at 77-89.
13 Id. at 37.
14 Id. at 15.
15 Josef v. People, 512 Phil. 65, 69 (2005).
16 G.R. No. 133608, 26 August 2008, 563 SCRA 239, 249-251.
17 Rollo, p. 33.
18 Nielson Company Inc. v. Lepanto Consolidated Mining Company, 135 Phil. 532 (1968).
19 360 Phil. 89 (1998).