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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
 

   
October-1949 Jurisprudence                 

  • G.R. No. L-1451 October 6, 1949 - TAN TUAN ET AL. v. LUCENA FOOD CONTROL BOARD, ET AL.

    084 Phil 687

  • G.R. No. L-3215 October 6, 1949 - ALONZO A. BAGTAS v. DIRECTOR OF PRISONS

    084 Phil 692

  • G.R. No. L-743 October 11, 1949 - PEOPLE OF THE PHIL. v. POLICARPIO DUMAPIT

    084 Phil 698

  • G.R. No. L-1610 October 12, 1949 - DOROTEA DE LA CRUZ v. DEOGRACIAS MARCELINO

    084 Phil 709

  • G.R. No. L-1355 October 12, 1949 - LUCIO PALANCA CHILIANCHIN v. EUSEBIO COQUINCO

    084 Phil 714

  • G.R. No. L-1567 October 13, 1949 - PEOPLE OF THE PHIL. v. OSCAR SALICO

    084 Phil 722

  • G.R. No. L-2822 October 13, 1949 - PEOPLE OF THE PHIL. v. TEOFILO D. MARI

    084 Phil 738

  • G.R. No. L-3081 October 14, 1949 - ANTONIO LACSON v. HONORIO ROMERO, ET AL.

    084 Phil 740

  • G.R. No. L-3050 October 17, 1949 - ALBERTO A. VILLAVERT v. TOBIAS FORNIER

    084 Phil 756

  • G.R. No. L-2190 October 19, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO ABALOS

    084 Phil 771

  • G.R. No. L-833 October 20, 1949 - CARLOS PIÑERO v. MARCELO ENRIQUEZ, ET AL.

    084 Phil 774

  • Adm. Case No. 25 October 25, 1949 - AMBROSIA SUMAÑGIL, ET AL. v. MARIANO STA. ROMANA

    084 Phil 777

  • G.R. No. L-1553 October 25, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO CONCEPCION

    084 Phil 787

  • G.R. No. L-1560 October 25, 1949 - DEMETRIA ESTRADA v. ULDARICO CASEDA

    084 Phil 791

  • G.R. No. L-1849 October 25, 1949 - LAUREANA GABIN v. MARIA MELLIZA, ET AL.

    084 Phil 794

  • G.R. No. L-1776 October 27, 1949 - PAZ M. CEA, ET AL. v. COURT OF APPEALS, ET AL.

    084 Phil 798

  • G.R. No. L-2413 October 27, 1949 - DIRECTOR OF LANDS, ET AL. v. EMILIO GARCIA, ET AL.

    084 Phil 802

  • G.R. No. L-2057 October 29, 1949 - ESPERANZA F. DE GONZALEZ v. ERNESTO GONZALEZ

    084 Phil 806

  • G.R. No. L-594 October 31, 1949 - LEON O. MANZANILLO v. JOSE G. JARAMILLA

    084 Phil 809

  • G.R. No. L-1454 October 31, 1949 - EMILIO RUMBAOA, ET AL. v. IGNACIO ARZAGA, ET AL.

    084 Phil 812

  • G.R. No. L-1507 October 31, 1949 - HOSPITAL SAN JUAN DE DIOS v. HOSPITAL SAN JUAN DE DIOS, ET AL.

    084 Phil 820

  • G.R. No. L-1551 October 31, 1949 - NICANOR TAN v. REPUBLIC OF THE PHIL.

    084 Phil 829

  • G.R. No. L-1554 October 31, 1949 - JULIAN CABRERA v. PEDRO V. LOPEZ, ET AL.

    084 Phil 834

  • G.R. No. L-1873 October 31, 1949 - LUIS SAN JOSE, ET AL. v. EUSEBIO CASTILLO

    084 Phil 839

  • G.R. No. L-1949 October 31, 1949 - REALTY INVESTMENTS, INC., ET AL. v. MARIANO VILLANUEVA, ET AL.

    084 Phil 842

  • G.R. No. L-2089 October 31, 1949 - JUSTA G. GUIDO v. RURAL PROGRESS ADMINISTRATION

    084 Phil 847

  • G.R. No. L-2116 October 31, 1949 - JOSEFA FABIE v. NGO BOO SOO, ET AL.

    084 Phil 857

  • G.R. No. L-2168 October 31, 1949 - CELSO ICASIANO v. BIENVENIDO TAN, ET AL.

    084 Phil 860

  • G.R. No. L-3311 October 31, 1949 - M. MARGOLARI v. TIBURCIO TANCINCO, ET AL.

    084 Phil 865

  •  





     
     

    G.R. No. L-2822   October 13, 1949 - PEOPLE OF THE PHIL. v. TEOFILO D. MARI<br /><br />084 Phil 738

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-2822. October 13, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TEOFILO MARI Y DURAN, Defendant-Appellant.

    Marcelo P. Karaan for Appellant.

    Assistant Solicitor General Guillermo E. Torres and Solicitor Martiniano P. Vivo for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; QUALIFIED THEFT; WHEN PLEA OF GUILTY IS NOT CONSIDERED AS MITIGATING CIRCUMSTANCE. — The Supreme Court has held time and again that for a voluntary confession to be taken into account as a mitigating circumstance, it is necessary that it be made before the presentation of any evidence for the prosecution.


    D E C I S I O N


    BENGZON, J.:


    Teofilo Mari y Duran and Joven Guevarra y Castro were prosecuted for qualified theft in the Court of First Instance of Manila, the information alleging that on or about January 2, 1948, both accused conspiring together stole the Ford civilian jeep of Sy Chit, valued at P1,500.

    A joint trial was had in January, 1949; and after two witnesses for the prosecution had testified, Teofilo Mari decided to give up, withdrew his plea of not guilty, and entered a plea of guilty. The case continued as to the other accused. After the trial, the court found Guevarra guilty of having stolen the jeep in connivance with Mari. The latter, in view of his plea of guilty was sentenced to suffer from 4 years 2 months and 1 day of prision correccional to 8 years and 1 day of prision mayor. He appealed.

    Only a question of law is involved, namely, whether the sentence imposed on this accused-appellant accords with the statute.

    Republic Act No. 120, effective June 14, 1947, amended article 310 of the Revised Penal Code as amended, by classifying as qualified theft the taking away of a motor vehicle, and by further increasing the penalty for that criminal offense. The article now reads:jgc:chanrobles.com.ph

    "ART. 310. Qualified theft. — The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, or fish taken from a fishpond or fishery."cralaw virtua1aw library

    An ordinary theft of property worth P1,500 (as the jeep here was valued) is punished with prision correccional in its minimum and medium periods. (Article 309, paragraph 3, Revised Penal Code.) The penalty two degrees higher than this is prision mayor in its medium and maximum degrees. It should be imposed in its medium period because there is no mitigating nor aggravating circumstance. The defendant’s plea of guilt is not a mitigation, it having been submitted after two persons had taken the stand for the prosecution. This Court has held time and again that for a voluntary confession to be taken into account as a mitigating circumstance, it is necessary that it be made before the presentation of any evidence for the prosecution. 1

    Wherefore, applying the Indeterminate Sentence Law, the appellant is sentenced to be imprisoned for not less than four (4) years two (2) months and one (1) day of prision correccional nor more than nine (9) years four (4) months and one (1) day of prision mayor. He should not be required to pay indemnity, because the vehicle has been recovered and it is not claimed that it suffered any damage.

    Modified as to the penalty, the appealed decision is affirmed, with costs.

    Moran, C.J., Ozaeta, Paras, Padilla, Tuason, Montemayor, Reyes and Torres, JJ., concur.

    Endnotes:



    1. People v. De la Cruz, 63 Phil., 874; People v. Hermino, 64 Phil., 403; People v. Salapare, 40 Off. Gaz., (3rd.) No. 7, p. 193, Padilla, Revised Penal Code, p. 137.

    G.R. No. L-2822   October 13, 1949 - PEOPLE OF THE PHIL. v. TEOFILO D. MARI<br /><br />084 Phil 738


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