This case has been cited 1 times or more.
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2011-08-17 |
DEL CASTILLO, J. |
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| Moreover, we cannot sustain the alternative sentence imposed upon the petitioner, to wit: to institute an action for the recovery of the properties of spouses Alonto or to pay them actual and other kinds of damages. First, it has absolutely no basis in view of the trial court's finding that the signatures of the spouses Alonto in the Deed of Absolute Sale are genuine and not forged. Second, "[s]entences should not be in the alternative. There is nothing in the law which permits courts to impose sentences in the alternative."[29] While a judge has the discretion of imposing one or another penalty, he cannot impose both in the alternative.[30] "He must fix positively and with certainty the particular penalty."[31] | |||||