This case has been cited 2 times or more.
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2012-06-13 |
REYES, J. |
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| On the same ground that petitions under Rule 45 must not involve questions of fact, the petitioners' prayer for this Court to admit what they claimed to be newly discovered evidence is hereby denied. The Supreme Court is not a trier of facts, and is not the proper forum for the ventilation and substantiation of factual issues.[13] While the Rules of Court allows the introduction by parties of newly-discovered evidence, as in motions for new trial under Rule 37, these are not to be presented for the first time during an appeal. In addition, the term "newly-discovered evidence" has a specific definition under the law. Under the Rules of Court, the requisites for newly discovered evidence are: (a) the evidence was discovered after trial; (b) such evidence could not have been discovered and produced at the trial with reasonable diligence; and (c) it is material, not merely cumulative, corroborative or impeaching, and is of such weight that, if admitted, will probably change the judgment.[14] | |||||
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2011-10-19 |
VILLARAMA, JR., J. |
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| Under Article 217, paragraph 4 of the Revised Penal Code, as amended, the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed if the amount involved exceeds P22,000.00, in addition to fine equal to the funds malversed. Considering that neither aggravating nor mitigating circumstance attended the crime charged, the maximum imposable penalty shall be within the range of the medium period of reclusion temporal maximum to reclusion perpetua, or eighteen (18) years, eight (8) months and one (1) day to twenty (20) years. Applying the Indeterminate Sentence Law, the minimum penalty, which is one degree lower from the maximum imposable penalty, shall be within the range of prision mayor maximum to reclusion temporal medium, or ten (10) years and one (1) day to seventeen (17) years and four (4) months.[34] The penalty imposed by the Sandiganbayan on petitioners needs therefore to be modified insofar as the maximum penalty is concerned and is hereby reduced to seventeen (17) years and four (4) months of reclusion temporal medium, for each count. | |||||