This case has been cited 4 times or more.
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2006-07-28 |
YNARES-SANTIAGO, J. |
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| SEC. 6. Order sustaining the motion to quash not a bar to another prosecution; exception. - An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in section 3(g) and (i)[10] of this Rule. | |||||
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2005-02-17 |
AUSTRIA-MARTINEZ, J. |
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| On May 17, 1999, the Court of Appeals affirmed the conviction of petitioner.[18] It held that the provisions of the penal code were made applicable to special penal laws in the decisions of this Court in People vs. Parel, [19] U.S. vs. Ponte, [20] and U.S. vs. Bruhez.[21] It noted that Article 10 of the Revised Penal Code itself provides that its provisions shall be supplementary to special laws unless the latter provide the contrary. The Court of Appeals stressed that since B.P. Blg. 22 does not prohibit the applicability in a suppletory character of the provisions of the Revised Penal Code (RPC), the principle of conspiracy may be applied to cases involving violations of B.P. Blg. 22. Lastly, it ruled that the fact that petitioner did not make and issue or sign the checks did not exculpate her from criminal liability as it is not indispensable that a co-conspirator takes a direct part in every act and knows the part which everyone performed. The Court of Appeals underscored that in conspiracy the act of one conspirator could be held to be the act of the other. | |||||
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2003-10-07 |
CALLEJO, SR., J. |
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| Although Justices Conchita Carpio-Morales, Romeo J. Callejo, Sr., and Adolfo S. Azcuna were not yet members of the Court during the February 18, 2002[9] oral arguments before the Court, nonetheless they were not disqualified to participate in the deliberations on the petitioner's motion for reconsideration of the May 28, 2002 Resolution of the Court or of the instant motion for reconsideration. Neither is Justice Callejo, Sr. disqualified to prepare the resolution of the Court on the motion for reconsideration of the respondent. When the Court deliberated on petitioners' motion for reconsideration, Justices Conchita Carpio-Morales, Romeo J. Callejo, Sr. and Adolfo S. Azcuna were already members of the Court. | |||||
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2001-03-13 |
DE LEON, JR., J. |
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| It bears emphasis, as held in a number of cases, that in the interpretation of the law on prescription of crimes, that which is more favorable to the accused is to be adopted.[16] The said legal principle takes into account the nature of the law on prescription of crimes which is an act of amnesty and liberality on the part of the state in favor of the offender. In the case of People v. Moran,[17] this Court amply discussed the nature of the statute of limitations in criminal cases, as follows:The statute is not a statute of process, to be scantily and grudgingly applied, but an amnesty, declaring that after a certain time oblivion shall be cast over the offense; that the offender shall be at liberty to return to his country, and resume his immunities as a citizen; and that from henceforth he may cease to preserve the proofs of his innocence, for the proofs of his guilt are blotted out. Hence, it is that statutes of limitation are to be liberally construed in favor of the defendant, not only because such liberality of construction belongs to all acts of amnesty and grace, but because the very existence of the statute is a recognition and notification by the legislature of the fact that time, while it gradually wears out proofs of innocence, has assigned to it fixed and positive periods in which it destroys proofs of guilt. The instant case should be distinguished from the cases of People v. Duque[18] and Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. Desierto[19] wherein we upheld the view that the prescriptive period started to run only upon the discovery of the illegal nature of the acts constituting the offense. The first case involves the crime of illegal recruitment where the accused, Napoleon Duque, was found to have misrepresented himself to several job applicants as a registered employment agent duly recognized by the Philippine Overseas Employment Agency (POEA). Due to the said misrepresentation of the accused, the applicable prescriptive period began to run not from the time of recruitment of job applicants by the accused but from the time his recruitment activities were ascertained by the complainants and the POEA to have been carried out without any license or authority from the government. The second, or Desierto case, which was decided by this Court on October 25, 1999, involves the grant of alleged behest loans by certain government-owned and controlled financial institutions to several individuals and corporations closely associated with the then President Ferdinand E. Marcos and his relatives. It was alleged that the public officials concerned, who were charged in the corresponding Informations, connived or conspired with the beneficiaries of the loans in covering up the anomalous transactions. Under the circumstances, it was impossible for the State, the aggrieved party, to have known the violations of R.A. No. 3019 at the time the questioned transactions were made. The prescriptive period started to run only upon discovery of the alleged illegality of the transactions after the investigations thereon were conducted. | |||||