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Benjamin Abejuela Vs. People Of The Phil., Et Al. [ SEPARATE OPINIONS ]

BENJAMIN ABEJUELA, petitioner, vs. PEOPLE OF THE PHILIPPINES and COURT OF APPEALS, respondents. Vicente Y. Bayani for petitioner.

G.R. No. 80130 | 1991-08-19

Separate Opinions

FELICIANO, J., concurring and dissenting:

I quite agree with the holding of the Chief Justice's ponencia that Benjamin Abejuela must be held civilly accountable and making permanent the writ of preliminary injunction issued by the trial court against Abejuela's properties and those of his co-accused Glicerio Balo, Jr. to satisfy their civil obligation in the amount of P176,145.25.

At the same time, I submit, with respect, that Abejuela should not be completely exonerated of criminal liability. The facts in this case appear so similar as to be practically on all fours with the facts in Samson v. Court of Appeals (103 Phil....