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Pacasum vs. People [SEPARATE OPINION, DISSENTING, QUISUMBING, J.]

NORMALLAH A. PACASUM, Petitioner, versus PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 180314 | 2009-04-16

DISSENTING OPINION

QUISUMBING, J.:

With due respect, I dissent from the majority opinion. I vote to grant the petition and reverse the decision of the Sandiganbayan finding petitioner Normallah A. Pacasum guilty beyond reasonable doubt of the crime of falsification under Article 171, paragraph 1, of the Revised Penal Code.

In my view, it is erroneous to convict petitioner because of the following grounds:

First, there is lack of sufficient evidence to prove petitioner's guilt beyond reasonable doubt. Article 171, paragraph 1[1]of the Revised Penal Code punishes "any public officer, employee, or notary who, taking advantage of...