This case has been cited 4 times or more.
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2011-02-14 |
NACHURA, J. |
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| Duran, Montano, and Tugaoen shall be solidarily liable for the restitution of the P10,000,00.00 that they defrauded from the funds of the PNP. An offense as a general rule causes two (2) classes of injuries - the first is the social injury produced by the criminal act which is sought to be repaired through the imposition of the corresponding penalty, and the second is the personal injury caused to the victim of the crime, which injury is sought to be compensated through indemnity, which is civil in nature.[82] | |||||
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2009-09-25 |
YNARES-SANTIAGO, J. |
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| It is a well-entrenched rule that factual findings of the Sandiganbayan are conclusive upon the Supreme Court except where: (1) the conclusion is a finding grounded entirely on speculation, surmise and conjectures; (2) the inference made is manifestly mistaken; (3) there is grave abuse of discretion; (4) the judgment is based on misapprehension of facts and the findings of fact of the Sandiganbayan are premised on the absence of evidence and are contradicted by evidence on record.[20] None of the above exceptions obtains in this case. | |||||
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2005-07-08 |
YNARES-SANTIAGO, J. |
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| The penalty for violation of Section 3(e) of R.A. No. 3019 is "imprisonment for not less than six years and one month nor more than fifteen years, perpetual disqualification from public office." Under the Indeterminate Sentence Law, if the offense is punished by special law, the Court shall sentence the accused to an indeterminate penalty, the maximum term of which shall not exceed the maximum fixed by said law and the minimum term shall not be less than the minimum prescribed by the same.[47] Hence, the Sandiganbayan was correct in imposing the indeterminate penalty of imprisonment from six (6) years and one (1) month, as minimum, to ten (10) years, as maximum, with perpetual disqualification from public office. | |||||