This case has been cited 1 times or more.
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2005-02-17 |
AUSTRIA-MARTINEZ, J. |
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| On May 17, 1999, the Court of Appeals affirmed the conviction of petitioner.[18] It held that the provisions of the penal code were made applicable to special penal laws in the decisions of this Court in People vs. Parel, [19] U.S. vs. Ponte, [20] and U.S. vs. Bruhez.[21] It noted that Article 10 of the Revised Penal Code itself provides that its provisions shall be supplementary to special laws unless the latter provide the contrary. The Court of Appeals stressed that since B.P. Blg. 22 does not prohibit the applicability in a suppletory character of the provisions of the Revised Penal Code (RPC), the principle of conspiracy may be applied to cases involving violations of B.P. Blg. 22. Lastly, it ruled that the fact that petitioner did not make and issue or sign the checks did not exculpate her from criminal liability as it is not indispensable that a co-conspirator takes a direct part in every act and knows the part which everyone performed. The Court of Appeals underscored that in conspiracy the act of one conspirator could be held to be the act of the other. | |||||