This case has been cited 3 times or more.
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2008-08-20 |
NACHURA, J. |
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| The Court is fully cognizant that our decision in the instant case effectively exonerates petitioner of rape, a heinous crime committed against AAA who was only a child at the tender age of six (6) when she was raped by the petitioner, and one who deserves the law's greater protection. However, this consequence is inevitable because of the language of R.A. No. 9344, the wisdom of which is not subject to review by this Court.[61] Any perception that the result reached herein appears unjust or unwise should be addressed to Congress. Indeed, the Court has no discretion to give statutes a meaning detached from the manifest intendment and language of the law. Our task is constitutionally confined only to applying the law and jurisprudence to the proven facts, and we have done so in this case.[62] | |||||
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2007-06-29 |
CARPIO MORALES, J. |
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| The crux of the controversy lies in the interpretation of the underscored proviso. Petitioner, citing Agote v. Lorenzo,[23] People v. Ladjaalam,[24] and other similar cases,[25] contends that the mere filing of an information for gun ban violation against him necessarily bars his prosecution for illegal possession of firearm. The Solicitor General contends otherwise on the basis of Margarejo v. Hon. Escoses [26] and People v. Valdez.[27] | |||||
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2003-09-23 |
AUSTRIA-MARTINEZ, J. |
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| Under Article 70 of the Revised Penal Code, when an offender has to serve two or more penalties, he should serve them simultaneously if the nature of the penalties will so permit. Otherwise said penalties shall be executed successively, following the order of their respective severity, in such case, the second sentence will not commence to run until the expiration of the first.[15] | |||||