Paredes v. Honorable Court Of Appeals

CHICO-NAZARIO, J.:

For resolution is a Petition for Certiorari under Rule 45 of the Rules of Court filed by petitioner Brigido B. Paredes, seeking the reversal of the Decision1 dated 15 October 2004 and Resolution2 dated 20 July 2005 of the Court of Appeals in CA-G.R. SP No. 71928, which dismissed the Petition for Certiorari filed by petitioner and denied reconsideration thereon. The Court of Appeals affirmed the Orders dated 10 April 20023 and 11 June 20024 in Criminal Cases Nos. 99-525 to 99-531 of the Regional Trial Court (RTC), Branch 52 of Talibon, Bohol, denying petitioner's Motion to Dismiss. Culled from the records are the following salient facts: Petitioner is the Municipal Treasurer of Ubay, Bohol.

Private respondent Bernardino Teloren is a businessman engaged in the business of selling construction materials under the trade name Lava Marketing and Construction Supply. He regularly transacted business with the Municipality of Ubay, Bohol. On 4 December 1996, the Sangguniang Bayan of Ubay, Bohol, invited private respondent to appear before the Sanggunian in aid of legislation.

He was shown seven checks which were issued by the Municipality of Ubay in favor of Lava Marketing and Construction Supply and drawn against the Development Bank of the Philippines (DBP) as payment for construction materials purchased by the municipality. The particulars of the aforesaid checks are as follows, to wit: 1avvphi1 Check No. Date of Issue Amount 1) Check No. 046000 17 January 1996 ₱23,280.00 2) Check No. 020601 17 January 1996 ₱23,280.00 3) Check No. 020617 18 January 1996 ₱22,067.50 4) Check No. 081406 9 May 1996 ₱24,317.90 5) Check No. 081408 9 May 1996 ₱19,589.15 6) Check No. 081407 9 May 1996 ₱24,317.90 7) Check No. 081409 9 May 1996 ₱ 9,726.51