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  • Last Minute Crim

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    23 vizualizări12 pagini

    Last Minute Crim

    Încărcat de

    Cherry Duldulao
    aa

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF sau citiți online pe Scribd
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    din 12
    Prepared by Judge PHILGER NOEL B. INOVEJAS®! Alera intent to do an url ac is essential consistant wth thea of reckless impuaence What qualifies an act ac one of als © ps negigene oc imorudnce is he lck of sce or cin inten inthe execution thereat Otherise state n criminal ngigence, the nay sed to another chou be unintentional it bing simply the incident of another act done wthavt male but with ack of foresight, carelessness, efigence, an wich has had scity an intl Apetson who canis felony is ible forte dct, nstural and logis consequences af his wrangul ot even where the esting crime is nae rious than hat intended. Hence, 2 acused wha argnaly intend to conceal and to bury what he thought was the les body of he vic canbe Ilse a principal not simply ae sn accesso, wher it proven tat tho sald victim was actualy lve bur subsumed as 2 drect eau of ch concealment andar! “The accused who ula tok check belonging to her employe without te latte’ consent out was mat ate toapaepte the eaut of he ok snc the sane was disonored nen sesenent was held uty of argesile rire! Remon her patsic mt attempted rage but ust vation ln that and inobbary wth vile nd intimidation gens parcons, to ofess ie coneunmate the manent the offends takes, pssasson of + personel property with intent to gun. He need nat spose or takeaway’ the proerty im order ta cansunmete the offense. What i imgartan is ether ont there was aspartacion oc lu taking. Tees elon of ustrated The Cnspracy transcends mee companonhio ad mer resenoe at the stan ofthe crime doesnot in et araut to conspracy ‘Won hoc is comity rason a onthe osasin of ebay, ll those who tok part as pripals inthe rote wuld alo ba had able as opal fthe singles invite fer febbery with hamid, trav hey di at sually ale prin the kling. unless it leary sone thet sy endeevored tprevent te same 1 rexihim or eitaacin are bath resent, the rons appravetngccurstance is recihitm snc retsraconreqes that the previous oflnses ‘ud no be amtracad inthe same tite ofthe Code. (uaseciiay ke eitviom and citeracin nacestatas the prasantation ofa carted copy of he sentaca contig an accused Tha fat stegpellan was an inmate of DAPECOL doesnt prove thet final adgent nad ben ede against nim!" |The en commited by @ child in confit wit aw who was placed uncer suspended sentence and who was subsequety discharged by the cout ‘ald nat be taken int cancidration in determining his svbsequt laity for recidivism, reiteracion, quaciecifvsm and habitual dinuercy ‘ue in automatic) SUSPENSION OF SENTENCE te court doesnot pronounce tha judent of conto ‘habitual delnguent carat aval of beneficent provisions ofthe Indeterminate Sentence Law!”IHe canna als aval ofthe retoative eect of that is favorable to i 4 ‘ cantined(eontinunus ar coring) crime is defined asa single rime, consisting ofa seis af ect ut al arcing fram one cine rsoltion. ough thesis series of ats, the is oly one cms ccrmited hence, only ane gent shall be imgosed!""Ex robber commited against several, ons at the gasoline statin!" felon re NOT eon rnes (nls cmes were cent) ~ (1) atta cartes ag eee prec andineeset casos, 2) Estafa under Art. 315, pare 1 (b), RPC!" (3) faltcation and mebersston!"! (4) qualified theft carmitted on different accasins (5) tey sine evey at of seul congas iso spurte erin (6 aifieatin of pret cocurert.2 and (7) gave tests eget several ‘duals in diferent accasions 2% There was only one acl eduction with age end that was the one allegedly commited onthe tuck oreep Any subsequent acts af intercourse |e house aganst ell would be oly ceperste acts of rage znd can no lags be considered ears complex cimes of foils siduton wit Ba InPaoplev. and bedi, GR. No, 175904, March 14, 2012 the accused was held guity of ape and NOT complex crimes of forcible duction ‘pe sinc the chective of he abevotion was to cemmit te rca, Und ta circumstances th apa abeobed ta forcible abeuction. rile 8 das not apy ats penaond under ale 285, 80021 Rage cannot be complexed wth avolation of Section S(t) of RA 7610. Une Section 48 ofthe Revised Fen Code (on complex ces). felony «the Revised Pen! Ca (such 88 ope) conot be complexed with an offense penlied bya spiel aw 5) ier a law provi a ing sna fortwo or moe compare cana to recut ims called special complex crime Te oloing ‘tuts speci complex enmas (1) Whanby eason aan occasion 2 ROBBER the cime of orc, cape etna ution, on etus ‘eaiqures ae ifictd™(2 When by reason oc azasn of RAPE, th cine of hemi is commited ™ (3) When he vim n KONAPPAN SEROUS ILEQAL DETENTION isle odes as consequence of deteion sae ris subctd to tote o dehumaiang ats 4 Wen ‘mer, vero accupan ofthe canoes mot eis Kl or os in th cue tis commiscin of ARNAFPING or on occesin there ‘a matter how many rapes had been comittadin the epeil complex crim of inapsing wit ape, te rcultar rie is aly ane kicesing wth This istecsuse these composite ects are regarded es e cngl inde cence asin fact RA, No. TES9 punishes these ects wth any ane single yt retry wi pew emit Besson ron te czas ebay rath ber way zon the taking of personal property was not the xg el plan but was only an afterthought flowing the ape, the cme is rape and theft and ry with ape! Peale. enacia Raves, GR No, 172604, August 17, 2010 the accused wes held uiy ofthe (1) comelx crime of kissing and seus ile tion wth stated marr, (2) camepoing and) tet ‘are is no complex crime of rape with frustrated homicide!) The sccused was held liable for rage and frustrated hamicide. The ahysicalinjur inflicted after the rape and ware not @ necessary means to commit the eama!™5) sible ebcvction with ape is complex crime under ticle 48 nota special eomex ene, ‘the special comple crime of canaping with nomic, thre must be aroof not ony ofthe escent elements of amanoing, ou als that ‘ginal criminal design of the culprit end the king was perpetrated “in the couse of the commission cf the cemapping or on the occas or ‘unlawful agresson to be apnrecata, there must ba an actual, cudlan and unexpected attack, or inminert danger thereat, nat marel ang or intimidating atu" and the accused must present poof of positively strong act of real aggression. Fr tis reason, Dam’ obsevat ne oF the men was aulinganchject fom his waist is nat a convincing proaf of unlawful agresion “A treat, even f made with a weepan or ‘that a person wos adaut tobe attcked is nat scent.“ An intimideting a treating ettue is by ro means enough = getcn acing under ayo testing cumstances dos rot cori cine, haweiy, he ated negigey, he may be hal able fe 365, RPC antitied tothe privlaged miteating ccumstance o incomplatcelf-afencs or incomplete ufillmant of duty People , Honrato Abal, GR No, 2688, October 17,1980 insanity was mat appreciated beceuse the accused surendered tothe authoit ‘tel otter the incident. Such ec is incontesteble poo that he knew that what he has dene was wang and that he was ging to be punished +247, RPCis an evempting circanstance Consequently, no punishment is inflicted upon the accused He i bavished, but thats intended for son (aestiaro‘s nat pat). Since infin dat undaraxcepioalcreunstancs isnot 3 purishabe act, the sams crnot be qualed ‘aggravating or mitigating or oer qualifying crcunstanogs. The actor is HOT CMILLY LABLE forthe resuting death or ptysical juries inicted! ‘eles, the actor is crminaly nd ely able tor culpsunder At 365, RPC ne was nazligant in the perfermanca ofthe lanl eat 2) [iegh estions ain to wlrtary surander ee poviedTornperaaph 7 of Wie 13, relain to pavayaph 1D of te sane Bile ofthe sed Pena Code, resiton shuld te tested as a sept mitigating ccanstance in fac ofthe accused when the two cicarstnces ae nt in a cas, wich i sir to instances whee voluntary surender and pla of lly e bth present even thaugh the two mitigating stances ae treated inthe care paayph 7, tice 19 ofthe Revised Peal Code. Considering that restitution i als tantamount ta an isco of ult onthe art ofthe accused, twas pnt forthe Sandyanayen to have cnr it ac saarata mitigating creunstnce in fever stone! The flowing ae srecilagrveting cumstances: (1) quasivecihisnl*4(2) eof unlenset ream inte commision frome or murder, 3) use flay marufatured explosives inthe commision of ary crime defined in he Revised ene Cade special laws wich ested inthe 1 of aparson #4 (4) under te intuence of dangerous crus in the commission of crime!*7 (5) that advantage be taken bythe offender of his public ten 15nd (6 the xe nas conmite yan organized a yricatd exe grup naling ie eegravating in robery with viene rinimidton and in rebbery with ap, because this class of obbry canbe commitad without the sssity of trespassing the senctity ofthe offended partys house is considered an aggravating circumstance pimatly because ofthe sanctity of cy thatthe am accords tothe hunan abode. He who goes to another's hous ta hut him or do him wrong is mare gully than be who afends hi ‘shere"IDweling is aeaagpaveting in frie sbduction when the offender entared the dwelng ofthe itn 51 Tn take atvatage of superior strength mans to purposely use excessive force aut of raprtion tothe means af defense avlble to the person cveallanuce of sunrior strength is generis eepreiating in camping with homicide where the parte tok advantage of their super gt tok the victim is also considered generic aggravating in rape with haicide =) By a band, to be aggravating, tha four armad parsons must act rogetner!l Band is aggravating in robbery with homicide whare the sama is tated by eve armed men Treachery is agravetn neigh physical inj Toe conte ceva the ceunscences oranda te, pote, enlain etandng vessel cr nteronal damage heats ceramant como, ob use of an atiiceiing gat waste and n= ust bused by the fee as meant accomplish crn pupose!™ 258 of motor vehicles agreating the eames was usad as 2 means to commit acim the same facitated the cmission af the cme ot soa af the oenders®! * HOMICIDE or MURDER is commited with the use ofan unicensefream, such se ofan unlicense fresm shal te considered 0s “SPECIAL 2 ravaingccumstance!™! The use of ucened ream is aco egravating in robbery with HOMICIDE!" The use of unlicensed freer i NOT acting in fussed murder 9 direct assut with attempted homicide in robbery! in vialation of Comer gurban!l in kidnapping fr cor and in rape Een f the fresm ued vas properly licensed to the secuity gency its uneuthoried us bythe solar seeravctedhis offense!” ‘Abecaneeyceptain is authorized to cary any kindof ream under Sec. 989 of the Lace Gavermment Code!” Sujactto Section 15, RA. BLES (which rales the ofenge of "use of dangerous dues with six months ebbilttion, any person aprehenda rate fr veletng te proson of 2A SL.55 shal te sujcte to sessing avers examination or est thin 2 ows 1 the speeding sting oie has reasonable grund to bee that the person aprenden ar aes on account o sical sigs ant symptons or thet visi _ward manifestation, is UNDER THE INFLUENCE OF DANGEROUS ORUGS x x73 (oon romalgation ofthe sentence, the cout may, ints discretion, place the Cid in Conic withthe Law under probation, even fhe sentene vided unde this Acts higher than that provided under existing law on prcbtion, or img community sence in ey fimrisorment. Inchsl Padua v. People, GR. No, 168545, July 23, 2008 he miner etenter was ccrictad of walatin of Se. 5, RA. SIBS was died pobatir » Sueme Cour held that Seton 24 of RA. 9165 is czar tat any person convicted of drug trafckng canna aval of he prlge of probator ser the law, eny person convicted for dug tefckingo*pusing, regardless ofthe penalty imposed, camo ara af the arvlege ganted by th ‘tion aw or, No 968, Notwthetanding ayia, ua regulation tothe contrary, the prone the Revised Pal Code (At No. 3819), a amended, shal not aplyt ‘provisos ofthis Agvet inthe case of mina andar. Where he tend is a rio, the ena or acs puree fe imprisonment t ‘th pronced herein sal be reciusonperpetue to deatn™4 (emphasis suopled]n People v. Alen Martlaa, GR. No. 186227, July 20,201, th ised a MINOR, was tld ity ovation of Sacto 5 (ale of danas ces) and 11 (possession of dangeruscugs),RAS185. Seton 5 i ‘shale with LE INPRSONMENT TO DEATH, Pususrt to Section 98, RA. S155 the penalty fr vlton of Section 5 by nr is RECLUSIO RPETUATO DEATH Ona dss lowers reciusantamgeraAshing the ndstarminate Sentence Lan, the accused was sertnced to i () years an 2 (1) ay of pasion mayor, 2 minimum, and tte (14) ya, gn (@) morte and ae (1) dy of etsion tempor s manu. Inthe cage c pl pnssession of dingecus chugs, the anced was sntenced to sit (6) yas ad oe (1) da, a8 cima, to eight (8) yeas, maxinum ¢ ISON MAYOR ato pe feo Tre Hunced Tresend Pees (P30, 0000) In Paople vRestituto Manhuya Jc, GR No 124676, May 20, 1998 was had uty of QUALIFIED RAPE for rain his 17 yaar minor cause: ‘tionhp was NUT coreceres ageing The tate-cauttar lationship in rape cases hes been teeta ay Congress inte natu ot 3 spec sumstarce which males the imposition f the death penalty mandaty ARON byte edd pays cat an atone caus nA The acessories EXEMPT fom ining bites under At. 20, RPC may be held cininally ible for obstruction of justice fr concealing ¢ ‘trying the body of the rie to prevert its discovery a foc harnessing inthe escape of tei relative in oder to orevent his ees ‘ens and coriton. ste peret lie rclsion papers sal be apo by the cours regaclees of ay mitigating or aggravating cicumstanges tet may nave ‘ed the commission ofthe deed? to matter how mary mitigating circumstances are present, the cout camo inpose a penalty nev lower to that presced by law there is = al agaravating ccumetance,7™1 cist eit to inetrminat entnce (Sc. 2, Act No. 103) Hebel delinuens ae dsqiod!™ $ralght penalty is proper where the penalty imposed is ess than ne yer!”%The Indeterminate Sentence Law fds no application where th: ‘ty imposed is reclusin perpetud Mor arrasto menor ®11 he maxim duration ofthe canvit's sentence shall not be mre than threefold the length of tine carespanding ta the mast severe of he ties imposed upon him. No ater perlty to which ne may te lable shall be inflicted after ie sum total of those imposed equle te sad maximur 4. Such raxirum pein shal ina case exceed forty years 41 itt minor fender convicted for violation ofthe Dangerous Drugs Lay may be clave an probation even # the sercance provided under Rk |S HIGHER than that provided under evisting aw an ction provided he is nat concted fo cre trafcking or pushing! hose conicted of dug trafficking pushing under RA 165, egress ofthe penalty mosey the Court, canat eral ofthe prvilage parte: 3 Prapetion #4! ‘eminarcomicted for vation of law (xoept the Dangerus rugs Law) mey only fr aobtion ot ANYTIME, povided he is QUALIFIED (sentence fer imprisonment of less than six yers) nde the Protation Law] ‘ay percan conctd fr rug vafickng or gushing undr RA. 9165, regardlee of te panty imposed bythe Cour, cannot aval of te pilege ‘edby the Probation Law or Presidential Decree No. 968, as emended™'aven ifthe applicant is 6 minor!®71 he period of presciation of penalties shall commence torun ftom the date when the cupit shoul EVADE THE SERMCE OF HIS SENTENCE (ihe ct must be imprisoned and escaped fiom confinement). The period of prescitin is interned ifthe defendant shoul give himself up, be ed shoud goto some foreign country with hich tis Government has no extreiton treaty. or sou commit another crime afore the expiration period of prescription gard of te offended pay co nc extinguish criminal ac excgtin cnn ease of tay, concubine, stun, stdin arate ‘utes, nap commited byte legal hutand, ad te came was extended by te fend pat BEFORE THE INSTTUTON OF CRMINA wun cour ‘he accused who violated the condition of his pardon is to serve fis original sentence if the cenalty emritted by the pscdon is mare then six (1 5 ote, he ulate pea of rin corel te cases of cn f sae of sete Sundays, Seurdays ond bolioys ee excluded inthe computation ofthe periods enumerated under Art. 125, RPC (bitrry Detention)" ‘re 2s a crim shal nt absarb or stall not be absorbed by ary ether cre or flory committed as consequence, o as @ means inte condu snimisson thet In which cae, totus shall be tweeted 2s seperate andindezzdet criminal act ws genie cal be impesabs WITHOL |UDICE TO OTHER CRIMINAL LABILITY o:ovidd for by domestic end international sus! Direct assault may also be committed by seriously INTIMIDATING or resisting any person in authority or any of his agents, while engaged in tt ‘mance of efits, oon ceason of ich perfornere contd by eli ace, te fe ened nedot be oss E ded party is @ person in authority but if the offended party is a mere agent of a person in authority, it is necessary that the force used be serious: ste ab chow dete of aw ant eerste at lez he perenne pcan navbar ete lt us physical injuries by reason ofthe force employed, the offense resuits in 6 complex crime of direct assauit with less serious ahysical injuries "4 1 People Joel Gaspar, GR No 182816, Jy 6, 201, te gle ofcers raonered rm the possession ofthe accused dangerous dugs and ch ster ding the buy-bust operation. The Supreme Cout aimed the conto af the accused forthe (3) senerateernes of cle rouse lg posession of due andl possesion of rug pareperat f the ofendar uses a dangerous drug the ors committed is ony on cin of use of cangarous drugs and not two separate crimes of use 2 cession of dangerous crys ‘he non-compliance of Section 21 no. 1 of RA. 9165 does not render the arrest of the accused ilegal or the items seized from tim inedmissiole ¢ as (1) the non-compliance is on justifiable grounds, and (2) the integity and evidentiary value of the seized items are properly preserved by th ‘ending wannabe wa, ote speeng ple fos ald ta eng wh cet Lf Dans Ds ate can cnet contasittepoceiten 2 topove tthe dng dug cretertedn cats he vrysa drgecus cups ve 1 acres Tom te see. ey the chan fu. Rul Angst. ase, GR Ne, L97E Je 2, 2011 ¢ ave Cost aunciad te nis ts rst beetle te chan teste love: eth ec ad arn, accel, of 4 dup coed tom te snuad by th gptening fie cecon te tune oe lglg ceca byte asetrdng ea rit tice tc, etna byte esis ott the lg dug he teri cami xb event, nd uth, 2 ad eubmicont the mas legal ug esc Tome teri camit ate cout *ublic funds or property in MALVERSATION includes properties of government entities or instrumentalities. t includes the property attached, seize posted yu hry een sue rapery bogs to pre int hen a accon has bon rosasted under provision cf RA. 9872 or the Hunan Security Act, uno aid complaint or infumation aroha farm 32 suficant in form and cubstance to custsin ¢cowicton and efter tha accused had leaded to the charge, te acquittal of the accused oct incl athe mans tlh ahar a annthac antritian fr aves ean wri araseanv inca ine anes hard ne aid Assisting another to commit sutideis a felony 9 Bring the corpse lor sawing of the hed, ibs, ard ts of the deed body ae modes of autaging er soffng at he cose ofthe vit tht lifes the ting irra Murer!" I the main objective of the ofendr is to kl by means of fr, the offense is mud. But ifthe main objec i the burang ofthe baling, the sting ric ay be absorbed by te crime af aeon! "© Tne accused vino bund a hese fr the purse filing two persons tevin wes eld ible fx cole cee cf double mud!" Tre accused wha used a hard grenade in lingo dozen of persons wes ald ele or complex crime of multi murders. The cme was que by se of explosives although treachery also ated te kllng cince the use of enlaive was the princioal mode of attack. Treachery was merely sidered a8 ganar aggravating roumetanae 1 InP vita ilacot, GR No. 185412 Septenber7, 201 the ccosed wn stabbed once hisvismith s anban stk was ed atl for he Price ies agpvetedy teschey, The aceucedhse tert illand the stsbng was rete cauein testi’ eth Inape commits by a clase in, such asthe victim's fata, stepfather, uncle, or the commer spouse other mathe, itis nt necessary tht _s1frce ar intniation te employed marl intuence or ascendancy takes he pace coerce rirtimiaian The sreused was hal litle frets of asciausness and nat rape by emul esse since hee was na stusingeton ate tongue) In People. Joseph ila, GR. Nes. 1489900, February 13, 2004, te victim Appellant eaculated twice ding te tne that he coneureatad the Poplin i ot witstew his paris to inet gpm into te vain a to “touch he lie majors or the laia miner when he eeclcted the ‘nd time tes not the numberof times thet apple ejaculated but the penetration or Touching” that determines th consummation ofthe sexual ~Thus, appellant covmtted only one cout ofp. Ta grant, or mor spectically tha rahe ofthe vin eentathe. 6a relative ofthe vit nthe four cil dare, ad is ths not red by Quid Rape une Article 2658, sgraph 5(1 19% lnepe with homicide, he oil ntention f tha offender isto commit repe andi is immaterial that th peu led in this casei smeone other 1 the waman victim of the rape. In the spacial conglex crime fap wit homicide, the tem haicde i tobe understood ints genic sense, rd des murde nd slight physical juries committed y reason oan ceceian ofthe rape” Hence, evenif eyo allo the circumstances (treachery, se of superar atrength an evident premesttin) alleged in the inferntion have been ely established by the prosecution, the seme woul aat lity the king to ards andthe cima committed by apelin i stil rape with homie As inthe case of robbery with hamid, the aggravating lunstance af tresses tobe considered as 3 gene aegaeatingcecumstance al! IF the xg ntrtan ofthe offender isto rae @ woran and the taking ofthe later’ persanal property is @ mere ftethaugt, the offender is fortwo seperate cimes of rape end rother In Rbbery with reps, the rg interton ofthe offenders toro ‘The presence af ary parson ding the hazing is prima face evidence of paticpatin ther as principal unless hepreverted the commission ofthe Spurisheble therein The offenders ae not entitled too mitigtingcrcmstence of lack of intent to cart so grove a wong!) Inkicnaging with aa, he intention of the offends fer erage aay the victim st degre the weman o he ery) In Peaol v. Feline Ment, GR. No, 186417, Juy 27,2011 the Suveme Court held tht regardless ofthe numberof raes commited inthe sil complex cme of kidnaping with rape, the resultant crime is ony one Kidnapping with rape. Thisis because these composite acts are regarded ‘singe ndhsible ence as infact RA No, 7859 punishes these acts with ony ne sing penalty. Ina way, RA. 7659 deprecatd the seriousness spe beoause no matter how many tines the vitim was raped, fice inthe present case, there is ony one crime commited ~ the special complex ‘of kidnapping with ape, However forthe crime of Kiragping with ape, asin this case the ofender shoul not have taken the Vict with awd 2n5,oterwis,t wou ba comlax erm of fore abduction with rege. In Pale v. Garcia, ws exglaned thet f the taang was by fore ction and the woman was raped several tines the crimes committed is one comalex crime of forcible suction with ren 2s much asthe {ne avucton was ony neoescary fr the fst ape, and each ofthe other counts of rae constitutes stint and seperate coun of rep. In Jufth Jeuanv. Pool, GR No, 171653, Ap 24, 2007, the Sureme Cou held tat ransom means many, pce or conidcation paid or vended forthe redation of e canted person thet woud release him fam cept. No specific fom of ransom is reed to consummate the 1 of kithapying fr ransom as lang asthe ransom was intended as 2 bagning chip in exchange forthe vctisfeedom, Whee arnt the ‘aie atu pai tor ected by he papetratorisofo manent. InPzope vicky iad, GR. No. 123696, March 11,2004, he Sugreme Cour bed tha here isn cime of Robbery with Mute Homicide under Revised Peal Cade. The ime is Rothery with Homicide matithstanding the numberof hariides committed an the occasion of the rabery and 1 murder, pysca ines and rae were also commited ante sae occasion!" In People v Edgor Evngsio. et a, GR No, 181902, August 31, 2011 bend and dueling were considered generic sgravetng circumstances in very with ope In People w Remedios Tancanco, GR Na, 177761, api LB, 2012 te accused employed ae legal seretay and licn ofr of law ofoe wae pul of qualified thet for misagrepiating te money intended for gayment of pital ais and transfer tves end fr the processing of tite. Theft mes qualified when tis committed with grave suse of confidence InRannel inet. Pepe, GR No. 156008 June 5, 2008 (4 Bun) the onus was Nal ult of thet, and not obbar in rating he cecurty “ream od unang away tht. InPol Cesar Conception, GR No 20087, ay 1, 2012, the eccsed was el git of at, dt arate wih ic, forse +e fom thes. The ecused ws abso om cin ity frtedeath ois conpein since di natperiom or excite an atte sed th ters death | Carina rota. People GR, 198150, Febwsty 6, 2012 (J. Brn) te Suorene Coutelé mat esta is sno (2) suse of conidenoec | means of det nesta by buse of ondece, deve is ot an element ofthe offense | nesta under Act. 915 px. 2), the receipt bythe drawer ofthe matic of dishanar isnot an element ofthe offense. Th presumption ent ‘genges wit the presentation of vdence of det i euch natcatonis received andthe cawer oth check aed to deposit te amount recescar cer his check within three (3) dys fram receit ofthe notice of ishanr ofthe check. The presumtion indulged in by law doesnot preclude th seontstio of ther evidence ta roe deceit!" | Ina prosecution for fering nde PO. 1612 tis NOT conte defense forthe ecused to prove tat he hd okra thatthe goods ils fond ins possession had ben the ij of bt Sie clos ot equi in cies puns by a pei ttt ike te Aten woF 107Obecausitis the act done, resect ofthe mative which consis the offs, Vani, when it was road hat patton commita 2 una cts lege inthe infra it was rope presumed that they mere contd with fl owe ae with cial inet, and it ws subent upon im to reat euch a resumeion Moree, the presumption of fencing unde Seton 5 of Pei! Decree No. 1612 that: Mer session of ay oud, article tem object. ranting of valu wich has ban the subject obey o heey shal be prima fc eidencec ving’! Section? of BP Bly 22 creates the presution thet te issuer of the check wes auae ofthe nsficency of funds when he issued @ heck an 2 bank dshonaedit. This presumption, however, ses only after tis roved thet the Issuer had raeived a wtten notion of shana and that, wth «dys om acs thereat fet pay the ant othe chek arta make arzigerents frit payment "4 Not only must the be ete tice of sistonar or demand laters sotaly reosied by the caver of 2 dstonaed check, but chare must also be poof of rvaipt ect that | opaty atest and nat ne eistered cece andlor etunreeeot!"™ | As clad by Administrative Crolar 13-2001, the clear tenor and intention of Adiitativ Circular No. 12-2000 fe not ta emis imprisonmer am alterative pena, butt ley domo ule aForeferece in the aplication ofthe penalties aroied for in LP. 22. Where the circumstances of th = fr nstance, cles icite good fhe lar mistake of fect without tt of naglgeoe the imposition fie lane may be cnsited 2 rare appropiate pealty, Ths rule of reference doesnot foesase the passibity of mpisrment for vistors of BP. 22!)

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