BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW

a collections of case digests and laws that can help aspiring law students to become a lawyer


Soriano v People    591 SCRA 244

10/22/2020

0 Comments

 
​Soriano v People
591 SCRA 244
 
Facts:
State Prosecutor Josefino Subia charged Soriano in the Regional Trial Court of Malolos, Bulacan, with violation of Section 83 of Republic Act 334 or the General Banking Act, as amended by Presidential Decree No. 1795, or violation of the Director, Officer, Stockholder or Related Interest (DOSRI) rules.
 
An information for estafa thru falsification of commercial document was also filed against Soriano and Ilagan. The information was docketed as Criminal Case No. 1719-M-2000 and 1720-M-2000, respectively, and were raffled to Branch 14, presided by Judge Petrita Braga Dime.
 
Another information for violation of Section 83 of RA 337 was filed against Soriano, this time covering  the P15 million loan obtained in the name of Rogelio Mañaol. Soriano and Ilagan were also indicted for estafa thru falsification of commercial document for obtaining said loan. The cases were docketed as 1980-M-2000 and 1981-M-2000, respectively, and were raffled to Branch 77, presided by Judge Aurora Santiago-Lagman.
 
Petitioners Soriano and Ilagan filed a Motion to Quash before both salas. Petitioners argued that the prosecutor charged more than one offense for a single act.
Both salas of RTC denied Motion to Quash. Petitioners filed a Rule 65 before the CA but it was dismissed. Petitioners filed Rule 45 before the Supreme Court.
 
Issue:
Whether the two judges correctly denied the Motion to Quash.
 
Held:
Yes. Petitioners assail the validity of the information against them on the ground that more than one offense is charged. They point that Soriano was charged with violation of DOSRI Rules and with estafa thru falsification of commercial document for allegedly obtaining loans. Thus, they claim that the information were duplicitous.  The found no merit in petitioner's argument that the violation of the DOSRI law and the commission of estafa thru falsification of commercial documents are inherently inconsistent with each other.
Indisputably, duplicity of offense in a single information is a ground to quash the information under the Rules of Criminal Procedure with states that a complaint or information must charge but one offense except only those cases in which existing laws prescribe a single punishment for various offenses. 
0 Comments



Leave a Reply.

    Archives

    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Copyright Notice
Copyright © – 2020, All Rights Reserved.

Disclaimer
This  project primarily designed to assist students of law  and accounting in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law/accounting degree nor in passing the Bar/Board Exams. We makes no warranties or representations of any kind, whether expressed or implied for the Services provided.
The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. We gives no warranty for the accuracy or the completeness of the materials. We also reserves the right to further improve, add, modify, or remove content with or without prior announcements.
This site also contains materials published by the students, professors, lawyers, and other users of the our Services. These materials are owned by such users and of their sole responsibility. While we may review user-published content, please do not assume that content you are accessing has been reviewed or curated. You may report abusive content through the listed contact details.
We does not guarantee against any loss or damage caused by third persons, delays, interruptions, unavailability, or by the termination of its Services.
We reserves the right to amend the terms and policies for its Services.

Terms of Service
By using our Services, you are agreeing to these terms. Please read them carefully.
Access our Services only through the interface and instructions provided. Do not misuse the Services, or use them in such ways that may interfere their availability, or in ways that may cause discredit to you, your school, or your profession.
These terms do not give you ownership of any intellectual property rights to the content you access on our Services. Do not use content from our Services other than for personal purposes unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices and attributions displayed in or along with our Services.
We may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Services are designed to be accessible on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
We may suspend or stop providing our Services to you if you do not comply with these terms and policies or if we are investigating suspected misconduct.

Privacy
Some services require you to login or register with minimal personal information this site.
Collected Information
Collected information includes user name, email address, Facebook ID and photo. The user may also optionally provide school, year level, BAR year, profession, office, address, and other information which may assist in improving our Services.
Uses of the Information
The collected information will only be used in connection with the use or for the improvement of our Services.
Users Created Content
Content created by users are published and shared for public use. Published content is always attributed to the author through his user account. A user may remain anonymous by changing his "display name" under his profile.
Data Analytics
We conducts data analytics for the improvement of the usability and design of our Services and the user experience. These may include but not limited to tracking time spent on the site, services availed, number of contents created or shared.

Content
Our Services allow you to create casebooks, digests, outlines, notes, and other content. You retain ownership of intellectual property rights that you hold in that content.
When you create content through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services (for example: your list of cases, digests, and outlines in your casebooks).
Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We reserves the right to review your published content and may remove materials that are offensive, abusive, of no value, or not in line with the purpose of our Services. The amount of content or materials that you publish may be limited by us.
We also used cookies in our website.

Contact Us
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW