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PEOPLE v. LOPE VIENTE Y MAPILI

This case has been cited 3 times or more.

	GR No. 180992 2009-09-04	ELMER DIAMANTE Y SIOSON v. PEOPLE CARPIO MORALES, J.
In the carnapping case, since the crime was similarly committed by means of violence against or intimidation of persons, the imposable penalty under the Anti-Carnapping Act of 1972 is imprisonment for not less than 17 years and 4 months and not more than 30 years.[40] Furthermore, pursuant to the Indeterminate Sentence Law, the trial court should have imposed an indeterminate sentence with a maximum term not exceeding the maximum fixed by the special penal law and a minimum term not less than the minimum term prescribed by the same.[41] Therefore, the proper penalty is imprisonment for an indeterminate sentence of 17 years and 4 months as minimum to 30 years as maximum.[42]
	GR No. 182548 2008-09-30	PEOPLE v. CESARIO OSIANAS CHICO-NAZARIO, J.
In the case at bar, witnesses Teresita and Dionisio had known the accused-appellants since childhood. Identifying them, even considering the relative darkness of the place, would have surely been effortless on their part. Neither do we see any ill motive on the part of these witnesses which could have caused them to testify falsely against accused-appellants. As regards Teresita, moreover, it would also be unnatural for her, being interested in vindicating the crime against her father, brother and uncle, to prosecute persons other than the real culprits.[22]
	GR NO. 168728 2007-08-02	SAMUEL BARREDO Y GOLANI v. VICENTE VINARAO CORONA, J.
Since the crime was committed by means of violence against or intimidation of persons, the imposable penalty under the Anti-Carnapping Act of 1972 was imprisonment for not less than 17 years and 4 months and not more than 30 years.[17] Furthermore, pursuant to the Indeterminate Sentence Law, the court should have imposed an indeterminate sentence with a maximum term not exceeding the maximum fixed by the special penal law and a minimum term not less than the minimum term prescribed by the same law.[18] Therefore, the proper imposable penalty is imprisonment not for 30 years but for an indeterminate sentence of 17 years and 4 months as minimum to 30 years as maximum. [19]