Manolo Fule vs.
Honorable Court of Appeals
G.R. No. 79094
Facts:
Manolo Fule has been accused and
convicted of the Violation of Batas Pambansa Blg 22 (The Bouncing Checks Law)
on the basis of the Stipulation of Facts.
Issue:
Whether or not the court has
erred in its ruling.
Held:
Yes, the court has erred in its
ruling. According to Sec 4 of the 1985 Rules on Criminal Procedure, pre-trial
agreements must be signed. It provides that no agreement or admission made or
entered during the pre-trial conference shall be used in evidence against the
accused unless reduced to writing and signed by him and his counsel.
Using the rule of statutory
construction, negative words and phrases are to be regarded as mandatory while
those in the affirmative are merely directory. The use of the term 'shall'
further emphasizes its mandatory character and means that it is imperative,
operating to impose a duty which may be enforced.
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