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Odon Pecho Vs. Sandiganbayan, Et Al.

ODON PECHO, petitioner, vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 111399 | 1994-11-14

D E C I S I O N


DAVIDE, JR., J.:

Is the attempted or frustrated stage of the offense defined in Section 3 (e) of R.A. No. 3019, 1 as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, punishable? If it is not, may an accused be, nevertheless, convicted for an offense penalized by the Revised Penal Code which is included in that of the former as charged?

These are the core issues in this case. The first was resolved in the affirmative by the Sandiganbayan. The petitioner and the Office of the Solicitor General disagree. The second is an outcrop of the first.

In Criminal Case No. 14844 of the Sandiganbayan, the...