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7. Leonarda L. Monsanto vs. Jesus and Teresita Zerna and the Court of Appeals G.R. No.

142501 (December 7, 2001)

ISSUE AND RULING:


1. Is the accused entitled to the sum of P1,100.00 as restitution remuneration for the time
spent gathering and preparing coconuts copra?
RULING: Yes. Those offenders are liable to P1,100 in damages. To begin with, the trial court
viewed the return of the P1,100 as a civil feature of the criminal case.
They were found not guilty in this instance. Where neither crime has been committed, there
could be no civil liability arising from or as a result of the criminal action.

2. Is the Regional Trial Court's power immediately revoked over a criminal case in which an
agrarian concern is raised as a defense, regardless of the facts how unstable is it?
RULING:

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