SUPREME COURT DECISIONS

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Endnotes:


1 Rollo, pp. 27- 39.

2 Id. at 26.

3 Id. at 40-46.

4 Id. at 45-46.

5 Records, p.1.

6 Rollo, pp. 40-41; Id. at 15.

7 TSN, September 23, 1992, pp. 2-4.

8 Ibid.

9 Id. at 4-14.

10 TSN, October 1, 1992, pp. 2-6.

11 Records, pp. 2-3.

12 Id. at 11.

13 Supra note 5.

14 Rollo, p. 45.

15 Id. at 36-37.

16 Id. at 37.

17 Id. at 13-14.

18 Sec. 2, Article III, 1987 Constitution.

19 Sec. 3, paragraph 2, Article III, 1987 Constitution.

20 Rollo, p. 14.

21 Id. at 15.

22 Id. at 20.

23 Id. at 23.

24 Rollo, pp. 72-74.

25 Rollo, p. 77; See also People v. Alolod, 266 SCRA 155, 165 (1997), Padilla v. Court of Appeals, 269 SCRA 402, 414-415 (1997), People v. Jayson, 282 SCRA 166, 170-172 (1997).

26 Id. at 79.

27 Id. at 80-83.

28 People v. Ferrer, 255 SCRA 19, 32 (1996), citing People v. Pacapac, 248 SCRA 77 (1995).

29 RULES OF COURT Rule 131 Section 3 (m).

30 See People v. Velasco, 252 SCRA 135, 142 (1996), citing People v. Ponsica, 230 SCRA 87 (1994).

31 RICARDO J. FRANCISCO, Criminal Procedure, 2nd ed. [1994], pp. 207-208, citing U.S. v. Santos, 36 Phil 853, 855 (1917), also, People v. Ancheta, 68 Phil 415, 419-420 (1939).

32 TSN, September 23, 1992, p. 5.

33 MANUEL R. PAMARAN, Rules on Criminal Procedure, 1195 ed., p. 195, citing U.S. v. Sanchez, 27 Phil. 442 (1914).

34 Id. at 445, See, People v. Molleda, 86 SCRA 667, 669 (1978).

35 See, Padilla v. Court of Appeals, 269 SCRA 402, 416 (1997).

36 Ibid. at 417, citing People v. Woolcock, 314 Phil 81 (1995).

37 See 280 SCRA 290 (1997).

38 Rollo, p. 14.

39 Records p. 11.

40 TSN, May 13, 1993, p. 10.

41 Francisco, op. cit. 575.

42 163 SCRA 402 (1988).

43 Id. at 409.

44 Supra, note 35 at 417.

45 Gonzales vs. Court of Appeals, 277 SCRA 518, 525 (1997) citing People v. Lualhati, 234 SCRA 325 (1994).

46 TSN, October 1, 1992, pp. 3-4.

47 Supra, note 35 at 428 citing Mallari v. CA and People of the Philippines, 265 SCRA 456 (1996) citing People v. Solayao, 262 SCRA 255 (1996).

48 Rollo, pp. 37-38.

49 Id. at 45.

50 Prision Correccional maximum has a range of 4 years, 2 months and 1 day to 6 years.

51 Art. 22. Retroactive effect of penal laws. - Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

52 234 SCRA 555 (1994).

53 Act No. 4125 as amended.

SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code , or its amendments, the court shall sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum as fixed by law and the minimum shall not be less than the minimum term prescribed by the same. (As amended by Act No. 4225)

54 Supra, note 52 at 580.

55 Supra, note 45 at 527.




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