Case Digest (G.R. No. 101127-31)
Facts:
People of the Philippines v. Cresencia C. Reyes, G.R. Nos. 101127-31, August 07, 1992, the Supreme Court En Banc, Regalado, J., writing for the Court. The plaintiff-appellee was the People of the Philippines and the accused-appellant was Cresencia C. Reyes.Appellant was tried in the Regional Trial Court (RTC) of Manila, Branch 37, on three cases for violation of Batas Pambansa Blg. 22 (Crim. Cases Nos. 86-51206, 86-51207 and 86-51208) and two indictments for estafa (Crim. Cases Nos. 86-51209 and 86-51210). The cases were jointly tried and Judge Angelina S. Gutierrez rendered judgment on March 12, 1991. On the B.P. Blg. 22 counts she was sentenced to a total of two years imprisonment and fines amounting to P96,290.00. On the estafa counts she was convicted in No. 86-51209 and sentenced to twenty-two years reclusion perpetua with accessory penalties and indemnity of P80,540.00; in No. 86-51210 she received an indeterminate sentence (prision mayor to reclusion temporal) plus indemnity and costs.
The cases were elevated to the Court of Appeals for review but were forwarded to the Supreme Court because of the penalty of reclusion perpetua involved. Appellant was out on provisional liberty under a corporate surety bond posted by Oriental Assurance Corporation in the amount of P86,000.00 pursuant to the RTC order dated May 16, 1991. After this Court’s resolution in People v. Ricardo C. Cortez (G.R. No. 92560, Oct. 15, 1991) setting policies on the effectivity of bail post-conviction, the First Division of the Court, in its May 13, 1992 resolution, referred en consulta to the Court En Banc the specific questi...(Subscriber-Only)
Issues:
- Procedural: May accused-appellant Cresencia C. Reyes, who was convicted and sentenced to reclusion perpetua (and other penalties) and is provisionally at large on bail, be allowed to remain on bail pending appeal?
- Substantive: Does estafa under paragraph 2(d) of Article 315 of the Revised Penal Code, as amended by Presidential Decree No. 818, constitute an offense punishable by reclusion perpetua and therefore fall within the non-bailable category under the Constitution and Rule 114, ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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