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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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November-1939 Jurisprudence                 

  • G.R. No. 44260 November 2, 1938 - MONTE DE PIEDAD Y CAJA DE AHORROS DE MANILA v. MARIA PAZ MARCIANA GUIDOTE, ET AL.

    066 Phil 432

  • G.R. No. 46375 November 2, 1938 - GERONIMO SANTIAGO v. HERMENEGILDO ATIENZA, ET AL.

    066 Phil 436

  • G.R. No. 44372 November 3, 1938 - BENITO GARCIA v. COLLECTOR OF INTERNAL REVENUE

    066 Phil 441

  • G.R. No. 44493 November 3, 1938 - MARIANO ANGELES v. ELENA SAMIA

    066 Phil 444

  • G.R. No. 46270 November 3, 1938 - PEOPLE OF THE PHIL. v. CARLOS L. DE LA PEÑA

    066 Phil 451

  • G.R. No. 46085 November 4, 1938 - BULACAN BUS COMPANY, INC. v. FERNANDO ENRIQUEZ

    066 Phil 454

  • G.R. No. 44552 November 7, 1938 - ONG LIONG TIAK v. LUNETA MOTOR COMPANY, ET AL.

    066 Phil 459

  • G.R. No. 44634 November 9, 1938 - BALTAZAR ALUNEN, ET AL. v. TILAN

    066 Phil 463

  • G.R. No. 44778 November 9, 1938 - PROVINCE OF TAYABAS v. SIMEON PEREZ, ET AL.

    066 Phil 467

  • G.R. No. 44802 November 16, 1938 - FRANCISCO SABAS v. FRANCISCO GARMA, ET AL.

    066 Phil 471

  • G.R. No. 44843 November 17, 1938 - CARLOS YOUNG v. FRANCISCO M. BLANCO

    066 Phil 475

  • G.R. No. 44911 November 21, 1938 - ALEJANDRO IBARRA v. SEGUNDO AGUSTIN

    066 Phil 481

  • G.R. No. 44257 November 22, 1938 - GOVERNMENT OF THE PHIL. v. HONGKONG & SHANGHAI BANKING CORPORATION, ET AL.

    066 Phil 483

  • G.R. No. 45792 November 22, 1938 - SWAN, CULBERTSON & FRITZ v. SECURITIES AND EXCHANGE COMMISSION, ET AL.

    066 Phil 525

  • G.R. No. 45046 November 23, 1938 - PEOPLES BANK & TRUST CO. v. MANUEL OLONDRIZ, ET AL.

    066 Phil 537

  • G.R. No. 44518 November 23, 1938 - PEOPLE OF THE PHIL. v. YU GUICOC LAM

    066 Phil 542

  • G.R. No. 44837 November 23, 1938 - SOCORRO LEDESMA, ET AL. v. CONCHITA MCLACHLIN, ET AL.

    066 Phil 547

  • G.R. No. 44974 November 23, 1938 - W.S. PRICE v. CEFERINO YBANES, ET AL.

    066 Phil 552

  • G.R. No. 45028 November 25, 1938 - MAXIMO ABARY, ET AL. v. FIDELINO AGAWIN

    066 Phil 558

  • G.R. No. 44671 November 26, 1938 - MACONDRAY & CO., INC. v. ANTONIO E. RUIZ, ET AL.

    066 Phil 562

  • G.R. No. 44774 November 26, 1938 - FIDELITY AND SURETY CO. OF THE PHIL. v. ANGEL A. ANSALDO, ET AL.

    066 Phil 566

  • G.R. No. 44834 November 26, 1938 - LA PREVISORA FILIPINA v. FELIX Z. LEDDA

    066 Phil 573

  • G.R. No. 44947 November 26, 1938 - ANTONIO LABRADOR, ET AL. v. EMILIANO DE LOS SANTOS, ET AL.

    066 Phil 579

  • G.R. No. 45040 November 26, 1938 - PHILIPPINE NATIONAL BANK v. JULIO TUGAB

    066 Phil 583

  • G.R. No. 45105 November 26, 1938 - MACONDRAY & CO., INC. v. MACARIO JOSE

    066 Phil 590

  • G.R. No. 44602 November 28, 1938 - MARIA CALMA v. ESPERANZA TAÑEDO, ET AL.

    066 Phil 594

  • G.R. No. 44606 November 28, 1938 - VICENTE STO. DOMINGO BERNARDO v. CATALINO BATACLAN

    066 Phil 598

  • G.R. No. 44683 November 28, 1938 - JOAQUIN NAVARRO v. FERNANDO AGUILA, ET AL.

    066 Phil 604

  • G.R. No. 45070 November 28, 1938 - CHIN GUAN v. COMPAÑIA MARITIMA

    066 Phil 608

  • G.R. No. 45260 November 28, 1938 - BARBARA ECHAVARRIA v. ROMAN SARMIENTO, ET AL.

    066 Phil 611

  • G.R. No. 46267 November 28, 1938 - FRANCISCO ZANDUETA v. SIXTO DE LA COSTA

    066 Phil 615

  • G.R. No. 44931 November 29, 1938 - FELIX BILANG v. ERLANGER & GALINGER, INC.

    066 Phil 627

  • G.R. No. 45169 November 29, 1938 - MANILA ELECTRIC COMPANY v. PASAY TRANSPORTATION COMPANY

    066 Phil 630

  • G.R. No. 45344 November 29, 1938 - PEOPLE OF THE PHIL. v. VICENTE P. ANCHETA, ET AL.

    066 Phil 638

  • G.R. No. 46040 November 29, 1938 - PAMPANGA BUS COMPANY, INC. v. FERNANDO ENRIQUEZ

    066 Phil 645

  • G.R. No. 46133 November 29, 1938 - PLACIDO ROSAL v. DIONISIO FORONDA, ET AL.

    066 Phil 650

  • G.R. No. 46174 November 29, 1938 - PAMPANGA BUS COMPANY, INC. v. FERNANDO ENRIQUEZ

    066 Phil 654

  • G.R. No. 46262 November 29, 1938 - CINE LIGAYA v. ALEJO LABRADOR, ET AL.

    066 Phil 659

  •  





     
     

    G.R. No. 46270   November 3, 1938 - PEOPLE OF THE PHIL. v. CARLOS L. DE LA PEÑA<br /><br />066 Phil 451

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 46270. November 3, 1938.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLOS DE LA PEÑA Y LACSAMANA, Defendant-Appellant.

    Salvador Araneta and Antonio V. Raquiza, for Appellant.

    Solicitor-General Ozaeta and Assistant Attorney Kapunan, Jr., for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; THEFT; MITIGATING CIRCUMSTANCE OF VOLUNTARY CONFESSION; REQUISITE SO THAT THE MITIGATING CIRCUMSTANCE MAY BE TAKEN INTO CONSIDERATION. — The rule laid down in this jurisdiction is that, in order that the mitigating circumstance of voluntary confession of guilt may be taken into consideration as such, it is necessary that it be made in open court, at the first opportunity, that is, before the competent court that is to try the case of the person making such confession. Confessions made under the circumstances of the appellant do not constitute, in the eyes of the law, a mitigating circumstance for the reasons stated in the cases of People v. Hermino (36 Off. Gaz., 2216); People v. Bawasanta (36 Off. Gaz., 2237); and People v. Sy Chay (37 Off. Gaz., 3206).

    2. ID.; ID.; RECIDIVISM; PENALTY. — The penalty prescribed by law (arts. 308 and 309, subsec. 6, of the Revised Penal Code) for the crime committed by the appellant, is that of arresto mayor in its minimum and medium periods, that is, from one month and one day to four months, the maximum period of which is from three months and one day to four months. Inasmuch as the information filed against the appellant alleged facts clearly showing that he is a recidivist for the fifth time during the last ten years, he necessarily incurs the maximum of said penalty. This is so because the only mitigating circumstance that might compensate said aggravating circumstance, which is that of plea of guilty, cannot be taken into consideration for the reasons already stated.

    3. ID.; ID.; ID.; ADDITIONAL PENALTY; NATURE OF THE PENALTY. — The additional penalties imposed for habitual delinquency by virtue of the provisions of article 62 of the Revised Penal Code, are neither cruel nor unusual. It has already been so held in the cases of People v. Madrano (53 Phil., 860); and People v. Montera (55 Phil., 933). Consequently, there is no necessity of again passing upon the same question, the reasons stated in the above-cited cases being sufficient to decide said question in the negative.


    D E C I S I O N


    DIAZ, J.:


    Carlos de la Peña y Lacsamana was prosecuted and convicted later of the crime of theft, first, in the municipal court of the City of Manila, and afterwards in the Court of First Instance of said city, for having taken away, without the consent of the owner and with intent of gain, on July 12, 1938, ten pairs of socks valued at P4.50 belonging to the Toyo Bazar. The penalties imposed upon him by said courts were four months and one day of arresto mayor, as the principal penalty, and ten years and one day, as additional penalty, for being a habitual delinquent. He appealed from the judgments which imposed said penalties upon him, alleging that four months and one day of arresto mayor is an excessive penalty for his crime on the ground that it exceeds that prescribed by law; and that the additional penalty of ten years and one day is cruel and unusual, taking into consideration the little value of the articles stolen by him.

    The appellant contends that he should have been sentenced at most to the minimum period of arresto mayor, that is, from one month and one day to two months, without the additional penalty of ten years and one day of prision mayor, the latter penalty being unusual and cruel.

    The reason alleged by the appellant in support of his first proposition is that he voluntarily pleaded guilty upon being tried in the Court of First Instance of Manila. The records, however, show that in the municipal court, where the case was first tried, since the determination of the same devolved upon said court by reason of the nature of the crime charged therein and also by reason of the penalty that should be imposed for the commission thereof, he neither admitted any thing nor acknowledged having committed any crime at all. Hence the necessity for the prosecution to present its evidence. The rule laid down in this jurisdiction is that, in order that the mitigating circumstance of voluntary confession of guilt may be taken into consideration as such, it is necessary that it be made in open court, at the first opportunity, that is, before the competent court that is to try the case of the person making such confession. Confessions made under the circumstances of the appellant do not constitute, in the eyes of the law, a mitigating circumstance for the reasons stated in the cases of People v. Hermino (36 Off. Gaz., 2216); People v. Bawasanta (36 Off. Gaz., 2237); and People v. Sy Chay (37 Off. Gaz., 3206).

    On the other hand, the penalty prescribed by law (arts. 308 and 309, subsec. 6, of the Revised Penal Code) for the crime committed by the appellant, is that of arresto mayor in its minimum and medium periods, that is, from one month and one day to four months, the maximum period of which is from three months and one day to four months. Inasmuch as the information filed against the appellant alleged facts clearly showing that he is a recidivist for the fifth time during the last ten years, he necessarily incurs the maximum of said penalty. This is so because the only mitigating circumstance that might compensate said aggravating circumstance, which is that of plea of guilty, cannot be taken into consideration for the reasons already stated. However, this court is not unaware of the fact that the lower court imposed one day more than the penalty that should be imposed upon the appellant. As has just been stated a few lines before, the maximum period of penalty that should be imposed upon the appellant may be not exceed four months. Therefore, the error committed should be corrected.

    With respect to the second proposition, that is, whether or not the additional penalty of ten years and one day of prision mayor imposed upon the appellant is unusual and cruel, it should be stated that the question raised has already been decided more than once, this court having then held very clearly that the additional penalties imposed for habitual delinquency by virtue of the provisions of article 62 of the Revised Penal Code, are neither cruel nor unusual (People v. Madrano, 53 Phil., 860; People v. Montera, 55 Phil., 933). Consequently, there is no necessity of again passing upon the same question, the reasons stated in the above-cited cases being sufficient to decide said question in the negative.

    Wherefore, the appealed judgment is modified in the sense of eliminating one day from the principal penalty imposed upon the appellant, so that the same is understood to be four months of arresto mayor. In all other respects, said judgment is affirmed, with the costs to the appellant. So ordered.

    Avanceña, C.J., Villa-Real, Abad Santos, Imperial and Laurel, JJ., concur.

    G.R. No. 46270   November 3, 1938 - PEOPLE OF THE PHIL. v. CARLOS L. DE LA PEÑA<br /><br />066 Phil 451


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