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People vs. Sabio, Sr. [ DISSENTING OPINION, ANTONIO, J. ]

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. JOSE SABIO, SR., City Judge of Cagayan de Oro and RANULFO M. SALAZAR, respondents./TAN TAO LIAP, alias JIMMY TAN, petitioner, vs. THE COURT OF APPEALS, and PEOPLE OF THE PHILIPPINES, respondents./DAYLIND

G.R. No. L-45490 | 1978-11-20


ANTONIO, J., dissenting: 

I dissent for the following reasons: 

The decision of the Supreme Court of Spain of December 18, 1889, which was the basis of the rule enunciated in People v. Lilius 1 that the deceit must precede and be the efficient cause of the defraudation, was actually predicated on the provisions of Article 548 of the Spanish Penal Code. The same is true with the decisions of the Supreme Court of Spain of June 9, 1891 and January 16, 1906, cited in the Lilius case. 

Article 548 of the Spanish Penal Code states: 

"1. El que defraudare a otros usando de nombre fingido, atribuyendose poder, influencia o...