People vs Pabalan : 115350 : September 30, 1996 : J Regalado : Secon... http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115350.htm [19] People vs. Bautista, G.R. No. 113547, February 9, 1995, 241 SCRA 216; People vs. Coronacion, et al., G.R. No. 97845, September 29, 1994, 237 SCRA 227. [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] Rollo, G.R. Nos. 117819-21, 67; Appellants Brief, 17. People vs. Naparan, supra. People vs. Samillano, G.R. No. 62088, March 6, 1992, 207 SCRA 50. People vs. Kyamko, G.R. No. 103805, May 17, 1993, 222 SCRA 183. Rollo, G.R. Nos. 117819-21, 68; Appellants Brief, 18. People vs. Sendon, supra. People vs. Coronacion, supra. Rollo, G.R. Nos. 117819-21, 68; Appellant Briefs, 18. People vs. Comia, G.R. No. 109761, September 1, 1994, 236 SCRA 185. Original Record, 82; Decision, 10. People vs. Sendon, supra. [31] The lower court did not accept Exhibit 1 for the defense because of the failure of the accused to submit his formal offer of evidence within the time granted by the court (Original Record, 64). [32] [33] [34] [35] [36] [37] [38] [39] [40] Garcia introduced himself as a businessman at the start of his direct examination. Rollo, G.R. No. 117819-21, 68-69; Appellants Brief, 18-19. People vs. Comia, supra. Rollo, G.R. Nos. 117819-21, 69; Appellants Brief, 19. See People vs. Coral, G.R. Nos. 97849-54, March 1, 1994, 230 SCRA 499. Rollo, G.R. Nos. 117819-21, 69; Appellants Brief, 19. People vs. Javier, G.R. No. 70997, February 28, 1990, 182 SCRA 830. People vs. Villalobos, et al., G.R. No. 71526, May 27, 1992, 209 SCRA 304. Article 39, Labor Code. [41] For easy reference and as the basis of an indeterminate sentence, the basic penalty provided herein and the penalty next lower in degree, with the duration thereof, are as follows: Basic Penalty Duration One Degree Lower Duration Prision correccional 4 years, 2 months Prision correccional 6 months and 1 in its maximum period and 1 day to 8 in its minimum to day to 4 years to prision mayor in its years medium periods and 2 months minimum period [42] The computation of the trial court was in excess by P500.00. [43] Since the basic penalty consists of two consecutive periods of divisible penalties, the next lower degree shall likewise consist of the succeeding two periods in the scale of penalties, pursuant to Art. 61(5) of the Code. 10 of 10 1/20/2016 1:00 PM