This case has been cited 3 times or more.
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2015-07-29 |
BRION, J. |
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| We resolve petitioner Marites R. Cusap's appeal[1] from the September 21, 2011 decision[2] and February 20, 2012 resolution[3] of the Court of Appeals in CA-G.R. SP No. 104725. | |||||
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2009-06-26 |
PERALTA, J. |
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| On the other hand, special aggravating circumstances are those which arise under special conditions to increase the penalty for the offense to its maximum period, but the same cannot increase the penalty to the next higher degree. Examples are quasi-recidivism under Article 160 and complex crimes under Article 48 of the Revised Penal Code. It does not change the character of the offense charged.[64] It must always be alleged and charged in the information, and must be proven during the trial in order to be appreciated.[65] Moreover, it cannot be offset by an ordinary mitigating circumstance. | |||||
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2006-09-12 |
CHICO-NAZARIO, J. |
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| On the other hand, special aggravating circumstances are those which arise under special conditions to increase the penalty for the offense to its maximum period, but the same cannot increase the penalty to the next higher degree. Examples are quasi-recidivism under Article 160 and complex crimes under Article 48 of the Revised Penal Code. It does not change the character of the offense charged.[61] It must always be alleged and charged in the information, and must be proven during the trial in order to be appreciated.[62] Moreover, it cannot be offset by an ordinary mitigating circumstance. | |||||