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Dimakuta vs. People [CONCURRING OPINION,LEONEN, J.]

MUSTAPHA DIMAKUTA Y MARUHOM, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 206513 | 2015-10-20

CONCURRING OPINION


LEONEN, J.:
 
 
Fiat justitia mat caelum.[1]
 
 
The accused touched the breast and vagina of a 16-year-old minor.
 

The Court of Appeals failed to appreciate that this would not have been possible without intimidation or coercion. It lowered the penalty from a minimum imprisonment often (10) years[2] to a minimum imprisonment of six (6) months.[3] If the Decision of the Court of Appeals is upheld, he will not serve a single day in prison for his acts. This is not what the law requires. This is definitely not what it intends.
 

Probation and appeal are mutually exclusive remedies. Probation is a mere...