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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-57650. May 31, 1988.]

CATALINO Y. TINGA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

Ruben V. Lopez for Petitioner.

The Solicitor General for Respondent.


SYLLABUS


1. REMEDIAL LAW; JUDGMENT; ACQUITTAL OF ACCUSED; RESULTS TO RESTITUTION OF CASH DEPOSITED SUBJECT TO ADJUSTMENT. — Upon reasonable doubt, Petitioner.-accused, Catalino Y. Tinga, in hereby acquitted of the crime of Malversation of Public Funds. The sum of P139,654.07 (P144,000.00 less P4,345.93) ‘deposited in cash by him on April 30, 1980 with the Provincial Treasurer of Cebu, subject to adjustments as to his correct liability,’ is hereby ordered returned to him within thirty (30) days after remand of the records of this case to the Sandiganbayan for execution of judgment.


D E C I S I O N


MELENCIO-HERRERA, J.:


Acting on the Motion for Clarification, dated April 29, 1988, filed by defense counsel, and finding the same to be well taken, the Court Resolved to amend the dispositive portion of its Decision acquitting petitioner of the crime of Malversation of Public Funds, promulgated on April 15, 1988, as follows:jgc:chanrobles.com.ph

"WHEREFORE, upon reasonable doubt, Petitioner.-accused, Catalino Y. Tinga, in hereby acquitted of the crime of Malversation of Public Funds. The sum of P139,654.07 (P144,000.00 less P4,345.93) ‘deposited in cash by him on April 30, 1980 with the Provincial Treasurer of Cebu, subject to adjustments as to his correct liability,’ is hereby ordered returned to him within thirty (30) days after remand of the records of this case to the Sandiganbayan for execution of judgment." cralawnad

Costs de officio.

SO ORDERED.

Yap (C.J.), Fernan, Narvasa, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes, Griño-Aquino and Medialdea, JJ., concur.

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