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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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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1939 Jurisprudence                 

  • G.R. No. 46562 September 13, 1939 - BARDWIL BROS. v. PHIL. LABOR UNION

    068 Phil 436

  • G.R. No. 46673 September 13, 1939 - ANDRES P. GOSECO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 444

  • G.R. No. 45596 September 18, 1939 - MARCOS LIPANA v. DOMlNGO LAO Y OTROS

    068 Phil 451

  • G.R. No. 46412 September 18, 1939 - PEOPLE OF THE PHIL. v. MANOJI

    068 Phil 471

  • G.R. No. 46497 September 18, 1939 - ANTONIO S. SANAGUSTIN v. CONRADO BARRIOS

    068 Phil 475

  • G.R. No. 46170 September 20, 1939 - PEOPLE OF THE PHIL. v. FERMIN PUNTO

    068 Phil 481

  • G.R. No. 46780 September 20, 1939 - FISCAL OF CAMARINES NORTE v. JUDGE OF FIRST INSTANCE OF CAMARINES NORTE

    068 Phil 483

  • G.R. No. 46108 September 22, 1939 - PEOPLE OF THE PHIL. v. DATU GALANTU MEDTED

    068 Phil 485

  • G.R. No. 46109 September 22, 1939 - PEOPLE OF THE PHIL. v. NICOLAS CARPIO

    068 Phil 490

  • G.R. No. 46197 September 22, 1939 - KINKWA MERIYASU CO. v. COLLECTOR OF CUSTOMS

    068 Phil 501

  • G.R. No. 46302 September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES

    068 Phil 503

  • G.R. No. 46578 September 22, 1939 - PEOPLE OF THE PHIL. v. ANICETO MARQUEZ

    068 Phil 506

  • G.R. No. 46580 September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN

    068 Phil 508

  • G.R. No. 46602 September 22, 1939 - YAP TAK WING & CO. v. MUNICIPAL BOARD

    068 Phil 511

  • G.R. No. 46686 September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES

    068 Phil 515

  • G.R. No. 46715 September 22, 1939 - PEOPLE OF THE PHIL. v. EMILIO DE JESUS

    068 Phil 517

  • G.R. No. 46068 September 23, 1939 - PEOPLE OF THE PHIL. v. EUSTAQUIO CAROZ

    068 Phil 521

  • G.R. No. 46650 September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL

    068 Phil 527

  • G.R. No. 46652 September 23, 1939 - PEOPLE OF THE PHIL. v. CASIMIRO CONCEPCION

    068 Phil 530

  • G.R. Nos. 46802-46812 September 23, 1939 - PEOPLE OF THE PHIL. v. RESURRECCION B. PEÑAS

    068 Phil 533

  • G.R. No. 46739 September 23, 1939 - PAMPANGA BUS CO., INC. v. PAMBUSCO EMPLOYEES UNION

    068 Phil 541

  • G.R. No. 46668 September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS

    068 Phil 547

  • G.R. No. 46729 September 25, 1939 - KAPISANAN NG MGA MANGAGAWA SA PANTRANCO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 552

  • Adm. Case No. 879 September 27, 1939 - PEDRO DE GUZMAN v. TOMAS B. TADEO

    068 Phil 554

  • G.R. No. 46080 September 27, 1939 - GUILLERMO A. CU UNJIENG v. HONGKONG & SHANGHAI BANKING CORP.

    068 Phil 559

  • G.R. No. 46094 September 27, 1939 - PEOPLE OF THE PHIL. v. FERNANDO C. QUEBRAL

    068 Phil 564

  • G.R. No. 46237 September 27, 1939 - ROSALIO MARQUEZ v. BERNARDO CASTILLO

    068 Phil 568

  • G.R. No. 46350 September 27, 1939 - TAN CHAY v. GOVERNMENT OF THE PHIL.

    068 Phil 572

  • G.R. No. 46470 September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS

    068 Phil 577

  • G.R. No. 46539 September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA

    068 Phil 580

  • G.R. Nos. 46553-46555 September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR

    068 Phil 584

  • G.R. No. 46615 September 27, 1939 - PEOPLE OF THE PHIL. v. ALBERTO AQUINO

    068 Phil 588

  • G.R. No. 46727 September 27, 1939 - PAMBUSCO EMPLOYEES’ UNION v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 591

  • G.R. No. 46168 September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY

    068 Phil 597

  • G.R. No. 46336 September 29, 1939 - REVEREND ULRIC ARCAND v. PEOPLE OF THE PHIL.

    068 Phil 601

  • G.R. No. 46458 September 29, 1939 - ERLANGER & GALINGER v. HERMENEGILDO G. ALAGAR

    068 Phil 610

  • G.R. No. 46725 September 29, 1939 - PEOPLE OF THE PHIL. v. MAXIMINO AQUINO

    068 Phil 615

  • G.R. No. 46023 September 30, 1939 - PEOPLE OF THE PHIL. v. JESUS FLORENDO

    068 Phil 619

  • G.R. No. 46252 September 30, 1939 - PEOPLE OF THE PHIL. v. LEONOR DE MOLL

    068 Phil 626

  • G.R. No. 46298 September 30, 1939 - PEOPLE OF THE PHIL. v. DATU AMBIS

    068 Phil 635

  • G.R. No. 46390 September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO

    068 Phil 639

  • G.R. No. 46396 September 30, 1939 - ALEJANDRO DE GUZMAN v. VISAYAN RAPID TRANSIT CO.

    068 Phil 643

  • G.R. No. 46451 September 30, 1939 - PAZ CHUA v. SECRETARY OF LABOR

    068 Phil 649

  • G.R. No. 46484 September 30, 1939 - SANTIAGO SAMBRANO v. RED LINE TRANSPORTATION CO., INC.

    068 Phil 652

  • G.R. No. 46724 September 30, 1939 - CRESCENCIO REYNES v. ROSALINA BARRERA

    068 Phil 656

  • G.R. No. 46728 September 30, 1939 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

    068 Phil 659

  •  





     
     

    G.R. No. 46580   September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN<br /><br />068 Phil 508

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46580. September 22, 1939.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO DE GUZMAN, Defendant-Appellant.

    Honesto K. Bausa for Appellant.

    Assistant Solicitor-General Concepcion and Acting Assistant Attorney Capangyarihan for Appellee.

    SYLLABUS


    1. CRIMINAL LAW AND PROCEDURE; QUALIFIED THEFT; PLEA OF GUILTY. — An appeal from a judgment of conviction, which is based upon a plea of guilty, raises no question of fact, and this court’ will look to the record only for the purpose of ascertaining whether the penalty imposes is in accordance with the law based upon the facts alleged in the complaint. (U. S. v. Tamarra, 21 Phil., 143; U. S. v. Barba, 29 Phil., 206; U. S. v. Jamad, 37 Phil., 305.)

    2. ID.; ID.; PENALTY; HABITUAL DELINQUENCY. — The crime committed is qualified theft as defined by article 310 of the Revised Penal Code, and that therefore, the imposable penalty is the next higher in degree to that provided in paragraph 4, article 309, of the Revised Penal Code, or prision correccional in its medium period to prision mayor in its minimum period, considering the fact that the aggregate value of the stolen goods is P121; and that the aggravating circumstance of recidivism is offset by the appellant’s plea of guilty, the penalty should be imposed ill its medium period (People v. Espina, 62 Phil., 607), or from four years, two months and one day to six years of prision correccional. Defendant-appellant is a habitual delinquent, this being his seventh conviction.


    D E C I S I O N


    LAUREL, J.:


    On February 17, 1939, in the Court of First Instance of Manila, the assistant fiscal for the City ,of Manila filed against one Pedro de Guzman an information for qualified theft, alleging therein habitual delinquency under the provisions of article 62 of the Revised Penal Code. The accused was duly arrested and upon arraignment pleaded guilty to the information charging him with qualified theft and habitual delinquency.

    On February 21, 1939, the trial court found the defendant Pedro de Guzman guilty as charged and rendered a decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "Whereupon, the court upon recommendation of the prosecuting attorney hereby sentences Pedro de Guzman y Sayson to suffer two (2) years, four (4) months and one (1) day of prision correccional; an additional penalty of ten (10) years and one (1) day of imprisonment for being an habitual delinquent; to indemnify the offended party in the amount of P121, and to pay the costs."cralaw virtua1aw library

    Defendant has appealed. Counsel de oficio for the appellant in his brief does not raise any question of fact nor of law and recommends the affirmance of the decision of the lower court. The Assistant Solicitor-General however recommends an increase in the principal penalty.

    The only question presented here refers to the propriety of the penalties imposed by the Court of First Instance of Manila. In United States v. Burlado (42 Phil., 72, 74), speaking of the effects of a plea of guilty, we said:jgc:chanrobles.com.ph

    "An appeal from a judgment of conviction, which is based upon a plea of guilty, raises no question of fact, and this court will look to the record only for the purpose of ascertaining whether the penalty imposed is in accordance with the law based upon the facts alleged in the complaint. (U. S. v. Tamarra, 21 Phil., 143; U. S. v. Barba, 29 Phil., 206; U. S. v. Jamad, 37 Phil., 305.)

    "A plea of guilty is an admission of all the material facts alleged in the information. When the information charges not only the crime but also that the defendant had been convicted theretofore, a plea of guilty to the charge admits not only the facts constituting the crime with which he is charged in the present case but also the fact that he had been convicted theretofore in the manner charged in the complaint. (U. S. v. Barba, 29 Phil., 206; U. S. v. Look Chaw, 18 Phil., 573.)

    "The essence of the plea of guilty in a criminal trial is that the accused admits his guilt freely, voluntarily, and with full knowledge of the consequences and meaning of his act, and with a clear understanding of the precise nature of the crime or crimes charged in the complaint or information. A plea of guilty, when formally entered on arraignment, is sufficient to sustain a conviction of any offense charged in the information without the introduction of further evidence, the defendant himself having supplied the necessary proof by his plea of guilty. (U. S. v. Dineros, 18 Phil., 566; U. S. v. Jamad, 37 Phil., 305.)"

    The Government contends that the crime committed is qualified theft as defined by article 310 of the Revised Penal Code, and that therefore, the imposable penalty is the next higher in degree to that provided in paragraph 4, article 309, of the Revised Penal Code, or prision correccional in its medium period to prision mayor in its minimum period, considering the fact that the aggregate value of the stolen goods is P121; and that the aggravating circumstance of recidivism is offset by the appellant’s plea of guilty, the penalty should be imposed in its medium period (People v. Espina, 62 Phil., 607), or from four years, two months and one day to six years of prision correccional. We find the contention of the Government to be well taken. The principal penalty of two years, four months and one day of prision correccional imposed upon the appellant is below the prescribed range.

    Defendant-appellant is a habitual delinquent, this being his seventh conviction. We find the additional penalty imposed by the lower court to be within the range provided by law. (People v. Joson, G. R. No. 45593, Sept. 23, 1937; People v. De Guzman, G. R. No. 45672, Nov. 29, 1937; People v. Bernal, 63 Phil., 750.)

    The principal penalty is accordingly increased to four years, two months and one day, of prision correcional. In all other respects, the judgment of the lower court is affirmed, with costs against the appellant. So ordered.

    Avanceña, C.J., Villa-Real, Imperial, Diaz, Concepcion, and Moran, JJ., concur.

    G.R. No. 46580   September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN<br /><br />068 Phil 508


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