The Sandiganbayan found Panes guilty of taking advantage of his public position by making false statements in a public document to issue a permit allowing illegal betting activities. Panes appealed to the Supreme Court but failed to show that the case fell under any of the recognized exceptions for appeals from the Sandiganbayan, which can only consider questions of law. As Panes did not raise any new issues or show that the Sandiganbayan misapprehended the facts or ruled contrary to law, the Supreme Court upheld the Sandiganbayan's decision.
The Sandiganbayan found Panes guilty of taking advantage of his public position by making false statements in a public document to issue a permit allowing illegal betting activities. Panes appealed to the Supreme Court but failed to show that the case fell under any of the recognized exceptions for appeals from the Sandiganbayan, which can only consider questions of law. As Panes did not raise any new issues or show that the Sandiganbayan misapprehended the facts or ruled contrary to law, the Supreme Court upheld the Sandiganbayan's decision.
The Sandiganbayan found Panes guilty of taking advantage of his public position by making false statements in a public document to issue a permit allowing illegal betting activities. Panes appealed to the Supreme Court but failed to show that the case fell under any of the recognized exceptions for appeals from the Sandiganbayan, which can only consider questions of law. As Panes did not raise any new issues or show that the Sandiganbayan misapprehended the facts or ruled contrary to law, the Supreme Court upheld the Sandiganbayan's decision.
The Sandiganbayan found Panes guilty of taking advantage of his public position by making false statements in a public document to issue a permit allowing illegal betting activities. Panes appealed to the Supreme Court but failed to show that the case fell under any of the recognized exceptions for appeals from the Sandiganbayan, which can only consider questions of law. As Panes did not raise any new issues or show that the Sandiganbayan misapprehended the facts or ruled contrary to law, the Supreme Court upheld the Sandiganbayan's decision.
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G.R. No. 234561.
November 11, 2021
RAMSY D. PANES,* PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. LOPEZ, J., J. PROBLEM: In 2010, one Corona applied for a business permit to operate a jai-alai betting station and was later issued the same, as recommended and approved by Panes and one Palanca. Later, several persons were arrested in connection with their illegal betting activities for jai-alai. This prompted Panes to cancel the permit because of “failure to install a betting machine”. A complaint was filed against Panes and Palanca before the OMB-Visayas for taking advantage of their public position by making false narration of facts in the public document for the issuance of a permit so that Corona can engage in collecting bets for jai-alai. The Sandiganbayan found him guilty beyond reasonable doubt. Whether the petition for review on certiorari is proper. ANSWER: No. Panes failed to allege that his case falls under the recognized exceptions to reversed the judgment of the Sandiganbayan. Appeals from the Sandiganbayan, only questions of law and not questions of fact may be raised. However, all issues brought to this Court on (1) whether the prosecution was able to prove the guilt of the accused beyond reasonable doubt, (2) whether the presumption of innocence was sufficiently debunked, (3) whether or not conspiracy was satisfactorily established, or (4) whether or not good faith was properly appreciate are all, invariably, questions of fact. Findings of fact of the Sandiganbayan are binding and conclusive in the absence of a showing that they come under the established exceptions, such as: (1) when the conclusion is a finding grounded entirely on speculation, surmises and conjectures; (2) the inference made is manifestly mistaken; (3) there is a grave abuse of discretion; 4) the judgment is based on misapprehension of facts; (5) said findings of facts are conclusions without citation of specific evidence on which they are based; and (6) the findings of fact of the Sandiganbayan are premised on the absence of evidence on record. Panes has not raised any new or novel issue to impel a possible modification much less reversal or setting aside of the assailed rulings of the Sandiganbayan. Further, there being no showing that the Sandiganbayan committed any misapprehension of facts or rendered judgment contrary to law, its findings and conclusions are entitled to great respect and will not be overturned by the Court.
REPUBLIC OF THE PHILIPPINES, represented by the Regional Executive Director of the Department of Environment and Natural Resources, Regional Office No. 3, petitioner, vs. ROMAN CATHOLIC ARCHBISHOP OF MANILA (RCAM), respondent. G.R. No. 192994. November 12, 2012.* SAMAHANG KABUHAYAN NG SAN LORENZO KKK, INC., represented by its Vice President Zenaida Turla, petitioner, vs. ROMAN CATHOLIC ARCHBISHOP OF MANILA, respondent. SAME SAME