This case has been cited 3 times or more.
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2013-12-11 |
BERSAMIN, J. |
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| And, secondly, it does not help the State any that the term transaction as used in Section 3(b) of Republic Act No. 3019 is susceptible of being interpreted both restrictively and liberally, considering that laws creating, defining or punishing crimes and laws imposing penalties and forfeitures are to be construed strictly against the State or against the party seeking to enforce them, and liberally against the party sought to be charged.[86] | |||||
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2008-04-30 |
CHICO-NAZARIO, J. |
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| It is the opportune time to allude to the case of People v. Gatchalian[44] where the therein assailed law contains a similar provision as herein assailed before us. Republic Act No. 602 also penalizes any person who willfully violates any of the provisions of the Act. The Court dismissed the challenged, and declared the provision constitutional. The Court in Gatchalian read the challenged provision, "any of the provisions of this [A]ct" conjointly with Section 3 thereof which was the pertinent portion of the law upon which therein accused was prosecuted. Gatchalian considered the terms as all-embracing; hence, the same must include what is enjoined in Section 3 thereof which embodies the very fundamental purpose for which the law has been adopted. This Court ruled that the law by legislative fiat intends to punish not only those expressly declared unlawful but even those not so declared but are clearly enjoined to be observed to carry out the fundamental purpose of the law.[45] Gatchalian remains good law, and stands unchallenged. | |||||
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2007-09-21 |
CORONA, J. |
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| The designation in the information of the specific statute violated is imperative to avoid surprise on the accused and to afford him the opportunity to prepare his defense accordingly. However, the failure to designate the offense by statute,[21] or to mention the specific provision penalizing the act,[22] or an erroneous specification of the law violated[23] does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged.[24] What controls is not the title of the information or the designation of the offense but the actual facts recited in the information.[25] In other words, it is the recital of facts of the commission of the offense, not the nomenclature of the offense, that determines the crime being charged in the information.[26] | |||||