People v Grospe

Facts:

Manuel Parulan is an authorized dealer of San Mig Corp in Bulacan. He issued 2checks in connection with beer purchases and which he delivered to the Sales supervisor (Mr. Cornelio) of San Mig. The checks were dishonored by Planters Dev’t Bank (drawee) in Bulacan. From the evidence presented, Parulan made false assurances that the checks issued by him were good and backed by sufficient funds. But Judge Grospe of RTC Pampanga dismissed the case for lack of jusrisdiction.

Issue:

Whether or not Judge Grospe was correct in dismissing the case.

Held:

No. He had jurisdiction to try and decide the case.

Estafa is a transitory crime. There are the elements of deceit and damage. Deceit took place in Pampanga and damage was done in Bulacan where the check was dishonored. While the check was issued in Bulan, it was not completely drawn. It was in Pampanga where the check was uttered and delivered.

The delivery of the instrument is the final act essential to the consummation of the obligation. Although the check was received by San Mig in Bulacan, it was not the delivery contemplated by the law to the payee (San Mig). Mr. Cornelio is not the person who could take the check as a holder. Thus, he had to forward the check to the regional office of San Mig in Pampanga. Deceit took place in Pampanga where the check was legally issued and delivered.