MIRIAM ARMI JAO YU VS. PEOPLE OF THE PHILIPPINES

G.R. No. 134172: September 20 2004

Offense Involved: Violation of B.P. Blg. 22

FACTS: Miriam Armi Jao Yu issued nineteen checks to the prejudice of Susan Andaya. Aggrieved, Susan Andaya filed a complaint in the Regional Trial Court of Quezon City. On March 25, 1991, petitioner was charged with nineteen counts of violation of Batas Pambansa Blg. 22 before the Regional Trial Court. Upon arraignment, petitioner entered a plea of not guilty. After hearing, the trial court rendered a Decision finding her guilty of the charges and imposing upon her hefty fines, indemnities, and subsidiary imprisonment in case of non-payment of the fine in each of the cases and to pay the costs of suit.  Miriam Armi Jao Yu filed an appeal in the Court of Appeals arguing that an accused found guilty of violations of Batas Pambansa Blg. 22 may not be made to suffer subsidiary imprisonment in case he fails to pay the fines imposed by the court. Court of Appeals affirmed in toto the trial court’s Decision. Hence this case.

ISSUE/S:

  1. Whether an accused found guilty of violations of Batas Pambansa Blg. 22 may be made to suffer subsidiary imprisonment in case he fails to pay the fines imposed by the court?

HELD:

  1. Yes. An accused found guilty of violations of Batas Pambansa Blg. 22 may be made to suffer subsidiary imprisonment in case he fails to pay the fines imposed by the court. The imposition of subsidiary imprisonment is expressly provided under Articles 38 and 39 of the Revised Penal Code. The provisions on subsidiary imprisonment can be applied suppletorily to Batas Pambansa Blg. 22 pursuant to Article 10 of the RPC. The absence of an express provision on subsidiary imprisonment in Batas Pambansa Blg. 22 does not and cannot preclude its imposition in cases involving its violations. Moreover, the Supreme Court issued Administrative Circular No. 13-2001 which clarified the imposition of imprisonment for violations of Batas Pambansa Blg. 22 and subsidiary imprisonment upon the accused found guilty but is unable to pay the fine he is sentenced to pay. In clarifying the imposition of subsidiary imprisonment, the Circular states that if the accused is unable to pay the fine imposed by the trial court, “there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment.”