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Category2-RA 10951 (Motion To Reopen With Motion To Adjust and Fix Penalty) - 1 Ardez, Robert
Category2-RA 10951 (Motion To Reopen With Motion To Adjust and Fix Penalty) - 1 Ardez, Robert
SUPREME COURT
Manila
PREFATORY STATEMENT
1
Ibid p. 16. (Bracketed words supplied)
2
Ibid. (Emphasis and underscoring supplied)
MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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R,A, NO.
10951 RPC CRIME PDL
SEC. 13 Art. 148 Direct Assaults 34
SEC. 19 Art. 155 Alarms and Scandals 4
SEC. 22 Art. 166 Forging Treasury or Bank Notes 1
SEC. 26 Art. 172 Falsification by Private Individual and Use of Falsified Documents 1
SEC. 29 Art. 178 Using Fictitious Name and Concealing True Name 1
SEC. 40 Art. 217 Malversation of Public Funds or Property 36
SEC. 60 Art. 265 Less Serious Physical Injuries 53
SEC. 61 Art. 266 Slight Physical Injuries and Maltreatment 97
SEC. 62 Art. 268 Slight Illegal Detention 34
SEC. 64 Art. 271 Inducing a Minor to Abandon His Home 1
SEC. 68 Art. 280 Qualified Trespass to Dwelling 9
SEC. 70 Art. 282 Grave Threats 41
SEC. 71 Art. 285 Other Light Threats 2
SEC. 72 Art. 286 Grave Coercions 10
SEC. 79 Art. 299 Robbery in an Inhabited House or Public Building 40
SEC. 80 Art. 302 Robbery in an Uninhabited Place or in a Private Building 9
SEC. 81 Art. 309 Theft 1060
SEC. 85 Art. 315 Swindling (Estafa) 770
SEC. 86 Art. 318 Other Deceits 4
SEC. 87 Art. 328 Special Cases of Malicious Mischief 12
SEC. 88 Art. 329 Other Mischiefs 1
SEC. 90 Art. 347 Simulation of Births 1
SEC. 91 Art. 355 Libel by Means of Writings or Similar Means 2
SEC. 94 Art. 358 Slander 4
SEC. 97 Art. 365 Imprudence and Negligence 38
TOTAL: 2,535
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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JURISDICTIONAL FACTS
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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DISCUSSION
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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consist of the following reliefs: (1) reduction of sentence; (2) reclassification of conduct; (3) redefinition of
criminal liability; and (4) decriminalization of a conduct.
References:
Today’s Law and Yesterday’s Crime: Retroactive Application of Ameliorative Criminal Legislation.
University of Pennsylvania Law Review, Volume 121:120, 1972.
(Source: http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5103&context=penn_law_review; accessed February 25, 2018).
S. David Mitchell, In With the New, Out With the Old: Expanding the Scope of Retroactive Amelioration.
37 Am. J. Crin. L. 1, University of Missouri School of Law Scholarship Repository, Faculty Publication,
2009.
(Source: https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1433&context=facpubs; accessed February 25, 2018)
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NB: “ART. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual
delinquency. - Mitigating or aggravating circumstances and habitual delinquency shall be taken into
account for the purpose of diminishing or increasing the penalty in conformity with the following rules:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the
last crime of which he be found guilty and to the additional penalty of prisión correccional in its
medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last
crime of which he be found guilty and to the additional penalty of prisión mayor in its minimum
and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for
the last crime of which he be found guilty and to the additional penalty of prisión mayor in its
maximum period to reclusion temporal in its minimum period.”
7
See Paragraph 9 hereof.
8
Bongcac v. Sandiganbayan, G.R. Nos. 156687-88, May 21, 2009.
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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its execution unjust and inequitable, [this Honorable] Court may sit
en banc and give due regard to such exceptional circumstance
warranting the relaxation of the doctrine of immutability.” (Hernan v.
Sandiganbayan, supra).
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“[A] person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener (See ART. 62 of the RPC).
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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17.4. Step 4 – in fixing the minimum term, the penalty next lower
to the imposable penalty shall be used (Section 1 of Act No.
4103).
18. Under Section 40.1 of R.A. No. 10951, the provision on the
crime of malversation, Art. 217 of the RPC has been amended, viz:
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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No aggravating or mitigating circumstance in the instant case.
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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PRAYER
Department of Justice
PUBLIC ATTORNEY’S OFFICE
Special and Appealed Cases Service
5th Floor, DOJ Agencies Building,
NIA Road corner East Avenue,
Diliman, 1104 Quezon City
Tel. Nos. 928-9137/929-9436 local 111
By:
PERSIDA V. RUEDA-ACOSTA
Chief Public Attorney
Roll No. 36327
IBP Lifetime Member No. 07234; 01/24/08
MCLE Compliance No. VI-0006481; 02/20/18
SILVESTRE A. MOSING
Deputy Chief Public Attorney
For Visayas and Mindanao
Roll No. 38844
IBP Lifetime Member No. 07930; 01/13/09
MCLE Compliance No. V-0006562; 03/03/15
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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MARIEL D. BAJA
Public Attorney IV
Roll No. 55365
IBP Lifetime Member No. 010149; 08/05/11
MCLE Compliance No. VI-0006216; 02/01/18
FLORDELIZA G. MERELOS
Public Attorney IV
Roll No. 53873
IBP Lifetime Member No. 09510; 01/06/11
MCLE Compliance No. VI-0006254; 02/01/18
-and-
EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 New Rules of Civil Procedure)
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MOTION TO REOPEN CASE WITH MOTION TO ADJUST AND FIX PENALTY
Ardez v. People, G.R. No. 214897
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Copy furnished:
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