EN BANC
DISSENTING OPINION
CARPIO,J.:
I vote to grant the petition in part by declaring unconstitutional that portion of the first paragraph of Article 315 of Act No. 3815, as amended (Code), mandating the imposition of maximum penalty based on the amount of the fraud exceeding P22,000. I do so on the ground that imposing the maximum period of the penalty prescribed in Article 3151 of the Code in such a manner, unadjusted to inflation, amounts to cruel punishment within the purview of Section 19( 1 ), Article III of the Constitution. 2
Cruel Punishment Clause Bans
Odious and Disproportionate Punishments...
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