Scribd Logo
Upload

Welcome to Scribd!

  • People vs. Co Pao (Case Digest)

    Uploaded by

    sop_polog
    160 views1 page
    The defendant was found guilty of violating Article 168 of the Revised Penal Code for tendering fake 10 peso bills on more than one occasion. The court of origin sentenced the defendant to 2 years, 4 months and 1 day in prison, along with a fine. The issue on appeal was whether the appropriate penalty should be prison mayor in its medium period, as recommended by the solicitor general, or prison correctional in its maximum period according to a commentary. The appellate court determined that based on Article 168, the proper penalty was prison mayor in its medium period of 8 years, 8 months and 1 day.

    Original Description:

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The defendant was found guilty of violating Article 168 of the Revised Penal Code for tendering fake 10 peso bills on more than one occasion. The court of origin sentenced the defendant to 2 years, 4 months and 1 day in prison, along with a fine. The issue on appeal was whether the appropriate penalty should be prison mayor in its medium period, as recommended by the solicitor general, or prison correctional in its maximum period according to a commentary. The appellate court determined that based on Article 168, the proper penalty was prison mayor in its medium period of 8 years, 8 months and 1 day.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    160 views1 page

    People vs. Co Pao (Case Digest)

    Uploaded by

    sop_polog
    The defendant was found guilty of violating Article 168 of the Revised Penal Code for tendering fake 10 peso bills on more than one occasion. The court of origin sentenced the defendant to 2 years, 4 months and 1 day in prison, along with a fine. The issue on appeal was whether the appropriate penalty should be prison mayor in its medium period, as recommended by the solicitor general, or prison correctional in its maximum period according to a commentary. The appellate court determined that based on Article 168, the proper penalty was prison mayor in its medium period of 8 years, 8 months and 1 day.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    1nL LCLL CI 1nL nILIINL ISLANDS p|a|nt|ff and appe||ee vs CC AC (a||as ICSL k

    MA1LC a||as ICSL CC 1INGC a||as CNG 8UN) defendant and appe||ant
    (CkN J8J29 Octobet 10 19JJ)
    locts
    1he appellanL ls found gullLy of vlolaLlon of arLlcle 168 of Lhe 8evlsed enal Code for Lenderlng more
    Lhan once a fake 10 paper money whlch accordlng Lo Lhe appellanL was lssued by Lhe 8ank of Lhe
    hlllpplne lslands Lo Cheng uy a general merchandlse shop owner ArLlcle 168 provldes LhaL a vlolaLlon
    of lL shall be punlshed by Lhe penalLy nexL lower ln degree Lhan LhaL prescrlbed ln arLlcles 166 and 167
    uecision of the court of Oriqin
    1he AppellanL was found gullLy of lnfrlngemenL of ArLlcle 168 of Lhe 8evlsed enal Code and senLenced
    Lo 2 years 4 monLhs and 1 day of prlslon correcclonal Lo pay a flne of 1 000 wlLh Lhe correspondlng
    subsldlary lmprlsonmenL ln case of lnsolvency
    lssue
    WheLher or noL Lhe penalLy Lo be lmposed ls prlslon mayor ln lLs medlum perlod as recommended by
    Lhe SollclLor Ceneral or prlslon correcclonal ln lLs maxlmum perlod as sLaLed ln one of Lhe leadlng
    commenLarles on Lhe 8evlsed enal Code
    ne/d
    As provlded ln ArL168 Lhe penalLy appllcable ln Lhe presenL case ls LhaL nexL lower Lhan LhaL provlded
    ln case 2 of arLlcle 166 (ArL 168 2 ptlsloo moot lo lts moxlmom petloJ ooJ o floe oot to exceeJ
    l5000 lf tbe folslfleJ ot olteteJ Jocomeot ls o cltcolotloq oote lssoeJ b oo bookloq ossoclotloo Jol
    ootbotlzeJ b low to lssoe tbe some)
    ln Lhe presenL case Lhe proper penalLy ls prlslon mayor ln lLs medlum perlod 1he rules for graduaLlng
    penalLles are found ln arLlcle 61 of Lhe 8evlsed enal Code 1he penalLy of prlslon mayor ln lLs medlum
    perlod musL be dlvlded lnLo Lhree equal parLs and Lhe medlum Lhereof ls from elghL years elghL monLhs
    and one day Lo nlne years and four monLhs
    lor Lhe foregolng reasons Lhe defendanL and appellanL ls senLenced Lo suffer 8 years 8 monLhs and 1
    day of prlslon mayor Lo pay a flne of 10 and Lo lndemnlfy Lhe offended parLy ln Lhe sum of 10
    wlLhouL subsldlary lmprlsonmenL ln case of lnsolvency and Lo pay Lhe cosLs of boLh lnsLances

    You might also like