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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-1995 Jurisprudence                 

  • G.R. No. 107660. January 2, 1995 : RAMON C. LOZON, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION (Second Division) and PHILIPPINE AIRLINES, INC., Respondents.

  • G.R. No. 101545 January 3, 1995 : HERMENEGILDO M. MAGSUCI vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 112019 January 4, 1995 : LEOUEL SANTOS vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115147 January 4, 1995 : GEORGE I. RIVERA vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 117568 January 4, 1995 : ROLANDO B. ANGELES vs. DIRECTOR OF NEW BILIBID PRISON

  • G.R. Nos. 109642-43 January 5, 1995 : LESLIE W. ESPINO vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 108172-73 January 9, 1995 : PEOPLE OF THE PHIL. vs. CONRADO B. LUCAS

  • G.R. Nos. 59550 & 60636 January 11, 1995 : EDILBERTO NOEL, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 106087 January 11, 1995 : ROLITO T. GO vs. COURT OF APPEALS, ET AL.

  • G.R. Nos. 117442-43 January 11, 1995 : FEM'S ELEGANCE LODGING HOUSE, ET AL. vs. LEON P. MURILLO

  • G.R. No. 98332 January 16, 1995 : MINERS ASSOCIATION OF THE PHIL. vs. FULGENCIO S. FACTORAN, JR., ET AL.

  • G.R. No. 91283 January 17, 1995 : PEOPLE OF THE PHIL. vs. ALFREDO ALCANTARA, ET AL.

  • G.R. No. 109704 January 17, 1995 : ALFREDO B. FELIX vs. BRIGIDA BUENASEDA

  • Adm. Matter No. RTJ-93-1088 January 18, 1995 : TERESITA ARMI R. GUILLERMO vs. JOSE C. REYES, JR.

  • G.R. No. 104497 January 18, 1995 : PEOPLE OF THE PHIL. vs. ALEX RAMOS, ET AL.

  • G.R. No. 105007 January 18, 1995 : PEOPLE OF THE PHIL. vs. REYNALDO CORPUZ, ET AL.

  • G.R. No. 111222 January 18, 1995 : CITIBANK, N.A. vs. JOSE C. GATCHALIAN

  • G.R. No. 111288 January 18, 1995 : PEOPLE OF THE PHIL. vs. RENE NUESTRO, ET AL.

  • G.R. No. 112529 January 18, 1995 : PEOPLE OF THE PHIL. vs. GREGORIO CURA , ET AL.

  • G.R. No. 91492 January 19, 1995 : PEOPLE OF THE PHIL. vs. VALENTINO GAMIAO, ET AL.

  • G.R. No. 103800 January 19, 1995 : PEOPLE OF THE PHIL. vs. AUGUSTO CHING

  • G.R. No. 113517 January 19, 1995 : PEOPLE OF THE PHIL. vs. FLORESTAN D. NITCHA

  • Adm. Matter No. MTJ-94-920 January 20, 1995 : AGRIPINO S. BELEN vs. SANTIAGO E. SORIANO

  • Adm. Matter No. MTJ-94-972 January 20, 1995 : ETERIA T. TAN vs. MAMERTO Y. COLIFLORES

  • Adm. Case No. 1647 January 20, 1995 : ELENA VDA. DE ECO vs. BENJAMIN RAMIREZ

  • CBD Case No. 176 January 20, 1995 : SALLY D. BONGALONTA vs. PABLITO M. CASTILLO, ET AL.

  • G.R. Nos. 86305-06 January 20, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAQUIPIL, ET AL.

  • G.R. Nos. 96943-45 January 20, 1995 : PEOPLE OF THE PHIL. vs. ALEX ABITONA

  • G.R. No. 101229 January 20, 1995 : PEOPLE OF THE PHIL. vs. REO DALIMPAPAS PAJARES, ET AL.

  • G.R. No. 104576 January 20, 1995 : MARIANO L. DEL MUNDO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 106843 January 20, 1995 : POCKETBELL PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108358 January 20, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 96073 January 23, 1995 : REPUBLIC OF THE PHIL. vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 96652 January 25, 1995 : PEOPLE OF THE PHIL. vs. NESTOR G. CASCALLA

  • G.R. No. 101302 January 25, 1995 : JAIME C. DACANAY vs. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 107152 January 25, 1995 : MANUEL M. ALLEJE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109113 January 25, 1995 : CONCERNED OFFICIALS OF THE MWSS vs. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 109616 January 25, 1995 : PEOPLE OF THE PHIL. vs. MARTINA P. MACARIO, ET AL.

  • G.R. No. 110290 January 25, 1995 : PEOPLE OF THE PHIL. vs. JAIME "JIMMY" AGUSTIN, ET AL.

  • G.R. No. 111238 January 25, 1995 : ADELFA PROPERTIES, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115932 January 25, 1995 : SPS JOSE B. TIONGCO AND LETICIA M. TIONGCO vs. SEVERIANO C. AGUILA, ET AL.

  • Adm. Matter No. RTJ-94-1208 January 26, 1995 : JACINTO MAPPALA vs. CRISPULO A. NUÑEZ

  • G.R. No. 84096 January 26, 1995 : RAUL H. SESBRENO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108592 January 26, 1995 : NILO MERCADO vs. COURT OF APPEALS

  • G.R. No. 110107 January 26, 1995 : PEOPLE OF THE PHIL. vs. DOLORES C. LORENZO

  • G.R. No. 111805 January 26, 1995 : PEOPLE OF THE PHIL. vs. ROBERTO R. CAJAMBAB

  • G.R. No. 115044 January 27, 1995 : ALFREDO S. LIM vs. FELIPE G. PACQUING

  • Adm. Matter No. RTJ-92-813 January 30, 1995 : RAMON ABAD vs. ANTONIO BELEN

  • G.R. No. L-56290 January 30, 1995 : GOVERNMENT SERVICE INSURANCE SYSTEM vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99358 January 30, 1995 : DJUMANTAN vs. ANDREA D. DOMINGO, ET AL.

  • G.R. No. 111290 January 30, 1995 : PEOPLE OF THE PHIL. vs. REX TABAO

  • G.R. No. 98196 January 31, 1995 : PEOPLE OF THE PHIL. vs. ELEUTERIO ADONIS

  • G.R. No. 113458 January 31, 1995 : JOSE MARCELO, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107660 January 2, 1995 - RAMON C. LOZON v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 101545 January 3, 1995 - HERMENEGILDO M. MAGSUCI v. SANDIGANBAYAN, ET AL.

  • G.R. No. 112019 January 4, 1995 - LEOUEL SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 115147 January 4, 1995 - GEORGE I. RIVERA v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 117568 January 4, 1995 - ROLANDO B. ANGELES v. DIRECTOR OF NEW BILIBID PRISON

  • G.R. Nos. 109642-43 January 5, 1995 - LESLIE W. ESPINO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 108172-73 January 9, 1995 - PEOPLE OF THE PHIL. v. CONRADO B. LUCAS

  • G.R. Nos. 59550 & 60636 January 11, 1995 - EDILBERTO NOEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106087 January 11, 1995 - ROLITO T. GO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 117442-43 January 11, 1995 - FEM’S ELEGANCE LODGING HOUSE, ET AL. v. LEON P. MURILLO

  • G.R. No. 98332 January 16, 1995 - MINERS ASSOCIATION OF THE PHIL. v. FULGENCIO S. FACTORAN, JR., ET AL.

  • G.R. No. 91283 January 17, 1995 - PEOPLE OF THE PHIL. v. ALFREDO ALCANTARA, ET AL.

  • G.R. No. 109704 January 17, 1995 - ALFREDO B. FELIX v. BRIGIDA BUENASEDA

  • Adm. Matter No. RTJ-93-1088 January 18, 1995 - TERESITA ARMI R. GUILLERMO v. JOSE C. REYES, JR.

  • G.R. No. 104497 January 18, 1995 - PEOPLE OF THE PHIL. v. ALEX RAMOS, ET AL.

  • G.R. No. 105007 January 18, 1995 - PEOPLE OF THE PHIL. v. REYNALDO CORPUZ, ET AL.

  • G.R. No. 111222 January 18, 1995 - CITIBANK, N.A. v. JOSE C. GATCHALIAN

  • G.R. No. 111288 January 18, 1995 - PEOPLE OF THE PHIL. v. RENE NUESTRO, ET AL.

  • G.R. No. 112529 January 18, 1995 - PEOPLE OF THE PHIL. v. GREGORIO CURA , ET AL.

  • G.R. No. 91492 January 19, 1995 - PEOPLE OF THE PHIL. v. VALENTINO GAMIAO, ET AL.

  • G.R. No. 103800 January 19, 1995 - PEOPLE OF THE PHIL. v. AUGUSTO CHING

  • G.R. No. 113517 January 19, 1995 - PEOPLE OF THE PHIL. v. FLORESTAN D. NITCHA

  • Adm. Matter No. MTJ-94-920 January 20, 1995 - AGRIPINO S. BELEN v. SANTIAGO E. SORIANO

  • Adm. Matter No. MTJ-94-972 January 20, 1995 - ETERIA T. TAN v. MAMERTO Y. COLIFLORES

  • Adm. Case No. 1647 January 20, 1995 - ELENA VDA. DE ECO v. BENJAMIN RAMIREZ

  • CBD Case No. 176 January 20, 1995 - SALLY D. BONGALONTA v. PABLITO M. CASTILLO, ET AL.

  • G.R. Nos. 86305-06 January 20, 1995 - PEOPLE OF THE PHIL. v. JOSE DAQUIPIL, ET AL.

  • G.R. Nos. 96943-45 January 20, 1995 - PEOPLE OF THE PHIL. v. ALEX ABITONA

  • G.R. No. 101229 January 20, 1995 - PEOPLE OF THE PHIL. v. REO DALIMPAPAS PAJARES, ET AL.

  • G.R. No. 104576 January 20, 1995 - MARIANO L. DEL MUNDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106843 January 20, 1995 - POCKETBELL PHILIPPINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108358 January 20, 1995 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 96073 January 23, 1995 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96652 January 25, 1995 - PEOPLE OF THE PHIL. v. NESTOR G. CASCALLA

  • G.R. No. 101302 January 25, 1995 - JAIME C. DACANAY v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 107152 January 25, 1995 - MANUEL M. ALLEJE v. COURT OF APPEALS, ET AL.

  • G.R. No. 109113 January 25, 1995 - CONCERNED OFFICIALS OF THE MWSS v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 109616 January 25, 1995 - PEOPLE OF THE PHIL. v. MARTINA P. MACARIO, ET AL.

  • G.R. No. 110290 January 25, 1995 - PEOPLE OF THE PHIL. v. JAIME "JIMMY" AGUSTIN, ET AL.

  • G.R. No. 111238 January 25, 1995 - ADELFA PROPERTIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115932 January 25, 1995 - SPS JOSE B. TIONGCO AND LETICIA M. TIONGCO v. SEVERIANO C. AGUILA, ET AL.

  • Adm. Matter No. RTJ-94-1208 January 26, 1995 - JACINTO MAPPALA v. CRISPULO A. NUÑEZ

  • G.R. No. 84096 January 26, 1995 - RAUL H. SESBRENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108592 January 26, 1995 - NILO MERCADO v. COURT OF APPEALS

  • G.R. No. 110107 January 26, 1995 - PEOPLE OF THE PHIL. v. DOLORES C. LORENZO

  • G.R. No. 111805 January 26, 1995 - PEOPLE OF THE PHIL. v. ROBERTO R. CAJAMBAB

  • G.R. No. 115044 January 27, 1995 - ALFREDO S. LIM v. FELIPE G. PACQUING

  • Adm. Matter No. RTJ-92-813 January 30, 1995 - RAMON ABAD v. ANTONIO BELEN

  • G.R. No. L-56290 January 30, 1995 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 99358 January 30, 1995 - DJUMANTAN v. ANDREA D. DOMINGO, ET AL.

  • G.R. No. 111290 January 30, 1995 - PEOPLE OF THE PHIL. v. REX TABAO

  • G.R. No. 98196 January 31, 1995 - PEOPLE OF THE PHIL. v. ELEUTERIO ADONIS

  • G.R. No. 113458 January 31, 1995 - JOSE MARCELO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  •  





     
     

    G.R. No. 101545   January 3, 1995 : HERMENEGILDO M. MAGSUCI vs. SANDIGANBAYAN, ET AL.

     
    EN BANC
    [G.R. No. 101545. January 3, 1995.]


    HERMENEGILDO M. MAGSUCI, Petitioner, v. THE HON. SANDIGANBAYAN (Second Division) and THE PEOPLE OF THE PHILIPPINES, Respondents .


    D E C I S I O N


    VITUG, J.:


    The Court is here confronted with the question of whether or not criminal responsibility may be incurred by a head of office who, in the discharge of his official duties, has relied on an act of his subordinate. There is no inflexible rule.cralaw

    This petition for review on certiorari assails the 05th September 1991 decision of respondent Sandiganbayan convicting petitioner, Hermenegildo M. Magsuci, of estafa through falsification of public documents.cralaw

    On 06 June 1988, an information was filed charging petitioner Magsuci, a public officer, and one Jaime B. Ancla, a private person, with the complex crime of estafa through falsification of public documents. The information read:chanroblesvirtuallawlibrary

    "That on or about March 11, 1983 and prior sometime thereto, in Cagayan de Oro City and within the jurisdiction of this Honorable Court, the abovenamed accused Hermenegildo M. Magsuci, a public officer, being the Regional Director of the Bureau of Fisheries and Aquatic Resources (BFAR), Department of Natural Resources (formerly Ministry of Natural Resources), Region X, Cagayan de Oro City, and accused Jaime B. Ancla, a private person, and Engineer and General Manager of Dexter Construction, Cagayan de Oro City, conspiring, confederating, and helping one another while the former in the discharge of his public position and committing the offense in relation thereto, taking advantage of his public functions, with grave abuse of confidence, did, then and there, wilfully, unlawfully, and feloniously issue and make it appear in the Certificate of Completion, dated March 10, 1983 and the undated Accomplishment Report, that the latter had satisfactorily completed the Work Order on the forty (40) ton ice plant and cold storage located at Magallanes Street, Surigao City, when in truth and in fact, there were no such installation and construction made thereon, thus, from the aforesaid falsities thereof, enabled the accused to obtain and receive the sum of P412,729.24 through a Disbursement Voucher and various Treasury Checks and once they are in possession of said sum, with intent to defraud, misappropriate, misapply and convert to their own personal use and benefit, to the damage and prejudice of the government in the aforesaid amount.cralaw

    "Contrary to law." 1

    On 10 August 1988, both accused were ordered arrested. Magsuci voluntarily surrendered and posted a surety bond for his provisional liberty. Ancla appeared to have absconded. On 12 September 1988, Magsuci pleaded "not guilty" to the accusation.cralaw

    The factual findings of the Sandiganbayan may be narrated thusly:chanroblesvirtuallawlibrary

    Some time in January 1980, the Bureau of Fisheries and Aquatic Resources ("BFAR") and Dexter Construction ("DEXTER"), represented by its Manager Jaime B. Ancla, entered into a "Contract of Service" for the construction by the latter of a 40-ton ice making plant, including a 150-ton ice storage and 350-ton cold storage facility, in Surigao City. In October 1982, while the construction was still on-going, BFAR and Ancla executed a supplemental "Memorandum of Agreement," under which Ancla additionally undertook "the purchase and installation of three distribution transformers and construction of circular steel elevated tank" for P910,500.00. On 10 March 1983, BFAR Central Office Engineer David T. Enriquez, 2 charged with the duty to render accomplishment reports on the progress of the construction and to certify on the work accomplishments of DEXTER, prepared and signed an "Accomplishment Report," as well as a "Certification," attesting to the progress and extent of completion of the additional work. The report also bore the signature of Ancla. On the following day, or on 11 March 1983, Hermenegildo M. Magsuci, the newly designated 3 BFAR Regional Director for Region X, Cagayan de Oro City, read the Accomplishment Report and Certification, affixed his signature thereon, and directed the Chief of the Fisheries Extension Division in Cagayan de Oro City, David F. Ernacio, to cause the issuance of the corresponding voucer. Disbursement Voucher No. 3-0061, to which the Accomplishment Report and Certification were attached, was thereupon prepared for the payment of 45.32% (P412,729.24) of the contract price of P910,700.00, or P357,217.16 after deducting the contractor's tax, withholding tax, and the required retention. Magsuci signed the disbursement voucher, carrying the standard printed certification that the expenses were necessary, lawful, and incurred under his supervision. Forthwith, Magsuci likewise signed four checks, payable to the order of DEXTER, in the total amount of P357,217.16. The Disbursement Voucher, along with its attachments, and the corresponding checks were then transmitted from the regional office to the BFAR Central Office in Manila. Director Felix R. Gonzales approved the voucher and co-signed the checks. Later, the checks were released to DEXTER.cralaw

    As it turned out, however, the additional work so represented to have been accomplished in the field report and certifications had yet to be undertaken. Although somewhat hazy, it would appear that the work was ultimately completed in December, 1983.cralaw

    After trial, the Sandiganbayan rendered judgment, finding Magsuci guilty of the offense charged, and sentenced him thusly:chanroblesvirtuallawlibrary

    "WHEREFORE, the Court finds Hermenegildo M. Magsuci guilty beyond a reasonable doubt as principal of the complex crime of estafa defined in Article 318 of the Revised Penal Code, through falsification of public documents penalized under Article 171 of the same Code.cralaw

    "Accordingly, the Court imposes on him the indeterminate sentence of SIX (6) MONTHS and ONE (1) DAY of prision correccional as minimum to TEN (10) YEARS and ONE (1) DAY of prision mayor as maximum and a fine of FIVE THOUSAND PESOS (P5,000.00) Philippine Currency.cralaw

    "He is ordered to pay the government by way of reparation the amount of THREE HUNDRED FIFTY SEVEN THOUSAND TWO HUNDRED SEVENTEEN PESOS and SIXTEEN CENTAVOS (P357,217.16) representing the amount misapplied.cralaw

    "SO ORDERED." 4

    The Sandiganbayan predicated its conviction of petitioner on its finding of conspiracy among Magsuci, Ancla and now deceased Enriquez.cralaw

    There is conspiracy "when two or more persons come to an agreement concerning the commission of a felony and decide to commit it." 5 Conspiracy is not presumed. Like the physical acts constituting the crime itself, the elements of conspiracy must be proven beyond reasonable doubt. While conspiracy need not be established by direct evidence, for it may be inferred from the conduct of the accused before, during and after the commission of the crime, all taken together, however, the evidence therefor must reasonably be strong enough to show a community of criminal design. 6

    In concluding petitioner's involvement in the conspiracy, the Sandiganbayan could only point to Magsuci's having (1) noted the Accomplishment Report and Certification submitted by Enriquez, (2) signed the disbursement voucher with the usual certification on the lawful incurrence of the expenses to be paid, and (3) co-signed four checks for the payment of P352,217.16 to Ancla. The Sandiganbayan concluded that petitioner would not have thusly acted had he not been a party to the conspiracy.cralaw

    Fairly evident, however, is the fact that the actions taken by Magsuci involved the very functions he had to discharge in the performance of his official duties. There has been no intimation at all that he had foreknowledge of any irregularity committed by either or both Engr. Enriquez and Ancla. Petitioner might have indeed been lax and administratively remiss in placing too much reliance on the official reports submitted by his subordinate (Engineer Enriquez), but for conspiracy to exist, it is essential that there must be a conscious design to commit an offense. Conspiracy is not the product of negligence but of intentionality on the part of cohorts.cralaw

    In Arias vs. Sandiganbayan, 7 this court, aware of the dire consequences that a different rule could bring, has aptly concluded:chanroblesvirtuallawlibrary

    "We would be setting a bad precedent if a head of office plagued by all too common problems - dishonest or negligent subordinates, overwork, multiple assignments or positions, or plain incompetence - is suddenly swept into a conspiracy conviction simply because he did not personally examine every single detail, painstakingly trace every step from inception, and investigate the motives of every person involved in a transaction before affixing his signature as the final approving authority.cralaw

    xxx xxx xxx


    ". . . All heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations. . . There has to be some added reason why he should examine each voucher in such detail. Any executive head of even small government agencies or commissions can attest to the volume of papers that must be signed. There are hundreds of documents, letters, memoranda, vouchers, and supporting papers that routinely pass through his hands. The number in bigger offices or departments is even more appalling."

    We are not unaware of an observation made by this Court in People vs. Rodis 8 to the effect that a person may be so held liable as a co-principal if he, by an act of reckless imprudence, has brought about the commission of estafa through falsification, or malversation through falsification, without which (reckless negligence) the crime could not have been accomplished. 9 When, however, that infraction consists in the reliance in good faith, albeit misplaced, by a head of office on a subordinate upon whom the primary responsibility rests, absent a clear case of conspiracy, the Arias doctrine must be held to prevail.cralaw

    WHEREFORE, the decision of the Sandiganbayan is REVERSED and SET ASIDE, and petitioner Magsuci is ACQUITTED of the charges against him. Costs de oficio.cralaw

    SO ORDERED.cralaw

    Narvasa, C.J., Padilla, Bidin, Regalado, Davide, Jr., Romero, Bellosillo, Melo, Quiason, Puno, Kapunan and Mendoza, JJ., concur.cralaw

    Feliciano, J., is on leave.

    Endnotes:




    1. Rollo, pp. 25-26.cralaw

    2. Engineer David T. Enriquez was named respondent during the preliminary investigation, but he died during the pendency thereof.cralaw

    3. In January 1983.cralaw

    4. Rollo, pp. 50-51.cralaw

    5. Art. 8, 2nd par., Revised Penal Code.cralaw

    6. See People vs. Manuel, et al., G.R. No. 93926-28, 28 July 1994.cralaw

    7. 180 SCRA 309, 315-316.cralaw

    8. 105 Phil. 1294.cralaw

    9. Citing Samson vs. Court of Appeals, 103 Phil. 277.

    G.R. No. 101545   January 3, 1995 : HERMENEGILDO M. MAGSUCI vs. SANDIGANBAYAN, ET AL.


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