Lawyerly

You're currently signed in as:
User

PEOPLE v. ANTONINE B. SALEY

This case has been cited 6 times or more.

	GR No. 168651 2011-03-16	PEOPLE v. EDITH RAMOS ABAT BERSAMIN, J.
Consequently, as long as the State established through credible testimonial evidence that the accused had engaged in illegal recruitment, her conviction was justified. [16] That is what we find herein
	GR No. 173473 2008-12-17	PEOPLE v. BETH TEMPORADA YNARES-SANTIAGO, J.
On the other hand, the maximum term is taken from the prescribed penalty of prisión correccional maximum to prisión mayor minimum in its maximum period, adding 1 year of imprisonment for every P10,000.00 in excess of P22,000.00, provided that the total penalty shall not exceed 20 years. However, the maximum period of the prescribed penalty of prisión correccional maximum to prisión mayor minimum is not prisión mayor minimum as apparently assumed by the RTC. To compute the maximum period of the prescribed penalty, prisión correccional maximum to prisión mayor minimum should be divided into three equal portions of time each of which portion shall be deemed to form one period in accordance with Article 65[17] of the RPC. Following this procedure, the maximum period of prisión correccional maximum to prisión mayor minimum is from 6 years, 8 months and 21 days to 8 years.[18] The incremental penalty, when proper, shall thus be added to anywhere from 6 years, 8 months and 21 days to 8 years, at the discretion of the court.[19]
	GR NO. 167084 2006-10-31	MONINA PUCAY v. PEOPLE CHICO-NAZARIO, J.
The range of the penalty provided for in Article 315 is composed of only two periods, thus, to get the maximum period of the indeterminate sentence, the total number of years included in the two periods should be divided into three.[24] Article 65[25] of the same code requires the division of the time included in the prescribed penalty[26] into three equal periods of time, forming one period for each of the three portions. The maximum, medium and minimum periods of the prescribed penalty are therefore: Minimum period - 4 years, 2 months and 1 day to 5 years, 5 months and 10 days
	GR NO. 146964 2006-08-10	ROSA C. RODOLFO v. PEOPLE CARPIO MORALES, J.
The second element is doubtless also present. The act of referral, which is included in recruitment,[18] is "the act of passing along or forwarding of an applicant for employment after an initial interview of a selected applicant for employment to a selected employer, placement officer or bureau."[19] Petitioner's admission that she brought private complainants to the agency whose owner she knows and her acceptance of fees including those for processing betrays her guilt.
	GR Nos. 149014-16 2004-02-05	PEOPLE v. ROSE DUJUA TINGA, J.
It is irrelevant whether or not complainants' claims are supported by receipts. The absence of receipts in a case for illegal recruitment does not warrant the acquittal of the appellant and is not fatal to the prosecution's case. As long as the prosecution is able to establish through credible testimonial evidence that the appellant has engaged in Illegal Recruitment, a conviction for the offense can very well be justified.[64]
	GR Nos. 131946-47 2000-02-08	PEOPLE v. ROGELIO REYES GOMEZ BELLOSILLO, J.
In Crim. Cases Nos. 96-52 and 96-55, the amount defrauded of each complainant was P150,000.00. In consonance with Art. 315 of the Revised Penal Code, the imposable penalty is prision correccional in its maximum period to prision mayor in its minimum period, the range of which is four (4) years two (2) months and one (1) day to five (5) years five (5) months and ten (10) days as minimum while the medium period is from five (5) years five (5) months and eleven (11) days to six (6) years eight (8) months and (20) twenty days, and the maximum is six (6) years eight (8) months and twenty-one (21) days to eight (8) years. Since the amount of P150,000.00 was defrauded in each case, the maximum penalty should be taken from the maximum period of the penalty prescribed, plus one (1) year for every P10,000.00 in excess of P22,000.00 which in these two (2) cases is equivalent to twelve (12) additional years. Hence the maximum imposable penalty should be eighteen (18) years eight (8) months and twenty one (21) days to twenty (20) years of reclusion temporal maximum. Applying the Indeterminate Sentence Law and the principle in People v. Saley,[47] the minimum penalty shall be within the range of the penalty next lower in degree to that prescribed in the Code, i.e., prision correccional minimum to prision correcional medium in any of its periods. Prision correccional minimum to prision correccional medium ranges from (6) months and one (1) day, to four (4) years and two (2) months. Thus the maximum imposable penalty for Crim. Cases Nos. 96-52 and 96-55 is from eighteen (18) years eight (8) months and twenty-one (21) days to twenty (20) years of reclusion temporal while the minimum imposable penalty is from six (6) months and one (1) day to four (4) years and two (2) months of prision correccional.