251 SCRA 408



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.   


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.