MANUEL LIM V. COURT OF APPEALS
251 SCRA 408
FACTS:Spouses Lim were charged with estafa and violations of BP22 for allegedly purchasing goods from Linton Commercial Corporation and issuing checks as payment thereof. The checks when presented to the bank were dishonored for insufficiency of funds or the payment for the checks has been stopped.
HELD:It is settled that venue in criminal cases is a vital ingredient of jurisdiction. It shall be where the crime or offense was committed or any one of the essential ingredients thereof took place. In determining the proper venue for these cases, the following are material facts—the checks were issued at the place of business of Linton; they were delivered to Linton at the same place; they were dishonored in Kalookan City; petitioners had knowledge of the insufficiency of funds in their account.
Under Section 191 of the Negotiable Instruments Law, issue means the first delivery of the
instrument complete in its form to a person who takes it as holder. The term holder on the other hand refers to the payee or indorsee of a bill or note who is in possession of it or the bearer thereof. The important place to consider in the consummation of a negotiable instrument is the place of delivery. Delivery is the final act essential to its consummation as an obligation.