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Luis Tabuena vs Hon Sandiganbayan & PEOPLE [DISSENTING OPINION, PUNO, J.]

LUIS A. TABUENA, petitioner, vs. HONORABLE SANDIGANBAYAN, and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. Nos. 103501-03 | 1997-02-17

DISSENTING OPINION
 
PUNO, J.:

I join the Dissenting Opinion of Madam Justice Flerida Ruth Romero where I find both right and righteousness happily intersecting each other. I am, however, constrained to write this brief dissent in view of the impact of the majority decision to our criminal justice system which many perceive leaves much to be desired.

 
I

It should be immediately stressed that petitioners were convicted of the crime of malversation by negligence. The felony was committed by petitioners not by means of deceit (dolo) but by fault (culpa). According to Article 3 of the Revised Penal Code, there is fault when the wrongful...