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Dimakuta vs. People [DISSENTING OPINION,VELASCO, JR., J.]

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

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

DISSENTING OPINION

 
VELASCO, JR., J.:
 
 
When the law does not qualify, We should not qualify.[1]
 

For resolution is the recurring question of whether an appellate court's downgrading of a convict's offense or penalty - from a non-probationable to a probationable one - subsequently entitles the accused to apply for the privilege of probation in spite of his prior perfection of an appeal. Ultimately, this issue boils down to the interpretation of Section 4 of Presidential Decree (PD) No. 968, otherwise known as the Probation Law of 1976, as amended by PD No. 1990.[2] The provision pertinently reads:
 
 
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