Case Digest (G.R. No. L-16945)
Facts:
The People of the Philippines v. Jesus L. Crisostomo, G.R. No. L-16945, August 31, 1962, the Supreme Court En Banc, Paredes, J., writing for the Court.The People of the Philippines (plaintiff and appellant) charged Jesus L. Crisostomo (defendant and appellee) before the Court of First Instance of Bulacan with estafa under Article 316, paragraph 2, of the Revised Penal Code. The information, filed September 3, 1959, alleged that on or about September 16, 1946, Crisostomo sold a three-hectare parcel of land by public instrument representing it to be free from liens, when in fact it was encumbered by a subsisting mortgage to Antonio Villarama; the purchasers allegedly suffered P15,000 in damages when the property was later foreclosed.
On October 18, 1959, the accused moved to quash the information on the ground that the offense had prescribed. After pleadings and memoranda, the trial court, on November 21, 1959, granted the motion to quash and dismissed the information, concluding that the crime prescribed in five years because the applicable penalty included arresto mayor and, the court held, the prescriptive peri...(Subscriber-Only)
Issues:
- When does the crime punishable under Article 316, paragraph 2, of the Revised Pen...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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