Deceit has taken place in Malolos, Bulacan, while the damage in Caloocan City, where the checks were dishonored by the drawee banks there.
Section 14(a), Rule 110 of the Revised Rules of Court provides: "In all criminal prosecutions the action shall be instituted and tried in the Court of the municipality or province wherein the offense was committed or any one of the essential ingredients thereof took place." The theory is that a person indicted with a transitory offense may be validly tried in any jurisdiction where the offense was in part committed. An opposition was interposed by the People, maintaining that the new law on checks (Rep. Judge Jesus de Vega quashed the information, as prayed for by respondent Que Yabut, on November 10, 1975 for the reason "that the proper venue in this case is Caloocan City and not Bulacan." Whether estafa lies for postdating or issuing a check in payment of a pre-existing obligation was not by respondent Judge. Instead of entering a plea, respondent Cecilia Que Yabut filed a motion to quash on September 1, 1975, contending that the acts charged do not constitute the offense as there is no allegation that the postdated checks were issued and delivered to the complainant prior to or simultaneously with the delivery of the merchandise, the crime of estafa not being indictable ,when checks are postdated or issued in payment of pre-existing obligation; and the venue was improperly laid in Malolos, Bulacan, because the postdated checks were issued and delivered to, and received by, the complainant in the City of Caloocan, where she (respondent Que Yabut) holds office. 2 (d), Revised Penal Code), penalizes the postdating or issuance thereof in payment of pre-existing obligation and that the Malolos court can exercise jurisdiction over the case, since the last ingredient of the offense, i.e., damage, transpired in Bulacan (residence of complainant) after the dishonor of the checks for lack of funds. well knowing that at the time there was no or insufficient funds in the said Merchants Banking Corporation and Manufacturers Bank and Trust Company, and upon presentation of the said checks to the bank, the checks were dishonored and inspite of repeated demands by the owner of the Freeway Tires Supply and Freeway Caltex Station to deposit the necessary funds to cover the cheeks within the reglementary period enjoined by law, failed and refused to do so, to the damage and Prejudice of Alicia P. Andan, owner and operator of the Freeway Tires Supply and Freeway Caltex Station in the total sum of P37,206.00. moved to quash the information on two grounds: (1) the facts recited do not constitute an offense because the checks were issued in payment of a pre-existing obligation; and (2) the venue was improperly laid, considering that the postdated checks were issued and delivered to and received by the complainant in City of Caloocan, where respondent holds office.
Modesto Yambao's receipt of the bad checks from Cecilia Que Yabut or Geminiano Yabut Jr.