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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
 

   
February-1950 Jurisprudence                 

  • G.R. No. L-2193 February 1, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO CANIBAS

    085 Phil 469

  • G.R. No. 1595 February 7, 1950 - EL PUEBLO DE FILIPINAS v. ANTONIO CORASO

    085 Phil 472

  • G.R. No. L-2760 February 11, 1950 - SIMPLICIO DURAN ET AL. v. BIENVENIDO A. TAN

    085 Phil 476

  • G.R. No. L-1508 February 16, 1950 - FEDELITY AND SURETY CO. OF THE PHILS. v. COURT OF APPEALS, ET AL.

    085 Phil 485

  • G.R. No. L-1747 February 16, 1950 - PEOPLE OF THE PHIL. v. MANAUL KOMAYOG

    085 Phil 489

  • G.R. No. L-1896 February 16, 1950 - PEOPLE OF THE PHIL. . v. RAFAEL C. BALMORES

    085 Phil 493

  • G.R. No. L-1979 February 16, 1950 - PEOPLE OF THE PHIL. v. MOROS UDAY, ET AL.

    085 Phil 498

  • G.R. No. 48090 February 16, 1950 - DOLORES PACHECO v. SANTIAGO ARRO, ET AL.

    085 Phil 505

  • G.R. Nos. L-2391 & L-2392 February 22, 1950 - PEOPLE OF THE PHIL. v. DIONISIO DIZON Y GUEVARRA ET AL.

    085 Phil 515

  • G.R. No. L-2320 February 22, 1950 - EL PUEBLO DE FILIPINAS v. GERARDO VILLANUEVA

    085 Phil 518

  • G.R. No. L-2406 February 22, 1950 - PEOPLE OF THE PHIL. v. JUANITO NAPILI

    085 Phil 521

  • G.R. No. L-2707 February 22, 1950 - PEOPLE OF THE PHIL. v. YAKANS PAWIN, ET AL

    085 Phil 528

  • G.R. No. L-1778 February 23, 1950 - PEOPLE OF THE PHIL. . v. LEONORA TALLEDO, ET AL.

    085 Phil 533

  • G.R. No. L-975 February 27, 1950 - EL PUEBLO DE FILIPINAS v. MACARIO O. MACAYA

    085 Phil 540

  • G.R. No. L-2278 February 27, 1950 - PEOPLE OF THE PHIL. v. IRINEO BONDOC

    085 Phil 545

  • G.R. No. L-2348 February 27, 1950 - GREGORIO PERFECTO v. BIBIANO L. MEER

    085 Phil 552

  • G.R. No. L-2620 February 27, 1950 - PEOPLE OF THE PHIL. v. PERFECTO CRUZ ET AL.

    085 Phil 577

  • G.R. No. L-2688 February 27, 1950 - PEOPLE OF THE PHIL. v. PRIMITIVO OSI

    085 Phil 592

  • G.R. No. L-2725 February 27, 1950 - PEOPLE OF THE PHIL. v. ERNESTO Y. SEBASTIAN, ET AL

    085 Phil 601

  • G.R. No. L-2730 February 27, 1950 - PEOPLE OF THE PHIL. v. ERNESTO AQUINO

    085 Phil 604

  • G.R. No. L-3592 February 27, 1950 - ANNE B. BACHRACH v. RAFAEL AMPARO, ET AL

    085 Phil 609

  • G.R. No. L-2043 February 28, 1950 - PEOPLE OF THE PHIL. v. ALEJANDRO Y. CARILLO, ET AL.

    085 Phil 611

  • G.R. No. L-2228 February 28, 1950 - PEOPLE OF THE PHIL. v. FRUCTUOSO RABANDABAN

    085 Phil 636

  • G.R. No. L-2621 February 28, 1950 - PEOPLE OF THE PHIL. v. JESUS GUANCO

    085 Phil 639

  • G.R. No. L-2622 February 28, 1950 - IRINEO FACUNDO v. VALENTIN R. LIM, ET AL.

    085 Phil 641

  • G.R. No. L-2857 February 28, 1950 - PEOPLE OF THE PHIL. v. MORO ISNAIN

    085 Phil 648

  • G.R. No. L-2873 February 28, 1950 - PEOPLE OF THE PHIL. v. EUGENIO Y. GARCIA

    085 Phil 651

  • G.R. No. L-2929 February 28, 1950 - CITY OF MANILA v. ARELLANO LAW COLLEGES, INC.

    085 Phil 663

  •  





     
     

    G.R. Nos. L-2391 & L-2392   February 22, 1950 - PEOPLE OF THE PHIL. v. DIONISIO DIZON Y GUEVARRA ET AL. <br /><br />085 Phil 515

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. Nos. L-2391 & L-2392. February 22, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DIONISIO DIZON Y GUEVARRA ET AL., Defendants. HERNANDO DE CASTRO Y BURGOS, Appellant.

    Filemon R. Enrile for Appellant.

    Solicitor General Felix Bautista Angelo and Assistant Solicitor General Ruperto Kapunan, Jr. for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; ROBBERY WITH VIOLENCE OR INTIMIDATION; PENALTY UNDER ARTICLE 294, No 5, PRESENCE OF ONE AGGRAVATING AND MITIGATING CIRCUMSTANCES; INDETERMINATE SENTENCE LAW. — With the presence of the aggravating circumstance of recidivism offset by the mitigating circumstance of appellant’s plea of guilty in a crime of robbery with violence or intimidation, the minimum penalty to be imposed upon the accused under article 294, No. 5 as amended, and rules 1 and 4, article 64 of the Revised Penal Code, and the Indeterminate Sentence Law, should not be less than 4 months and 1 day of arresto mayor not more than 4 years and 2 months of prision correccional, and the maximum, not less than 6 years and 1 day nor more than 8 years or prision mayor.


    D E C I S I O N


    TUASON, J.:


    In these two cases the accused pleaded guilty after withdrawing a previous plea of not guilty. Under the circumstances the only question to be determined, as both parties agree, concerns the correctness of the punishment imposed by the trial court; all the material facts alleged in the information are deemed admitted. The accused in each case was sentenced to an indeterminate penalty of from 4 months and 1 day of arresto mayor to 4 years, 2 months and 1 day of prision correccional, to indemnify the offended party in case No. 5575 in the amount of P35 and the offended party in case No. 5576 in the amount of P4, with the corresponding subsidiary imprisonment in case of insolvency, and to pay the costs.

    The informations are as follows:jgc:chanrobles.com.ph

    "Criminal Case No. 5575

    "That on or about the 30th day of January, 1948, in the City of Manila, Philippines, the said accused, conspiring and confederating together and mutually helping one another, did then and there wilfully, unlawfully and feloniously, with intent of gain and by means of force and intimidation, to wit: by pointing a pistol at one Adriano Perlado and threatening to shoot him should he offer any resistance, or shout for help, took, stole and carried away against the will of the said Adriano Perlado, a ’Gruen’ wrist watch, valued at P400, and 1 Parker ’51’ fountain pen, valued at P35, belonging to him, to his damage and prejudice in the total amount of P435, Philippine currency.

    "That the accused Hernando de Castro y Burgos is a recidivist, he having been previously convicted by final judgment of competent court for the crime of theft."cralaw virtua1aw library

    "Criminal Case No. 5576

    "That on or about the 30th day of January, 1948, in the City of Manila, Philippines, the said accused, conspiring and confederating together and mutually helping one another did then and there wilfully, unlawfully and feloniously, with intent of gain and by means of force and intimidation, to wit: by pointing a pistol at one Bienvenido Rosete and threatening to shoot him should he offer any resistance or, shout for help, took, stole and carried away against the will of the said Bienvenido Rosete, 1 ’Harman’ wrist watch, valued at P80, and 1 ’Universal’ fountain pen, valued at P4, belonging to him, to his damage and prejudice in the total amount of P84, Philippine currency.

    "That the accused Hernando de Castro y Burgos is a recidivist, he having been previously convicted by final judgment of competent court for the crime of theft."cralaw virtua1aw library

    Counsel for the defendant believes that the appropriate penalty in each case is 4 months and 1 day of arresto mayor as minimum and 6 years, 1 month and 11 days of prision mayor as maximum.

    The penalty prescribed by article 294, No. 5, of the Revised Penal Code as amended by section 6 of Republic Act No. 18 is prision correccional in its maximum period to prision mayor in its medium period. Since the aggravating circumstance of recidivism charged in the information is offset by appellant’s plea of guilty, the prescribed penalty, following the provision of rules 1 and 4 of article 64 of the Revised Penal Code, should be imposed in its medium period, that is, from 6 years and 1 day to 8 years.

    In accordance with section 1 of the Indeterminate Sentence Law (Act No. 4103), as amended by Act No. 4225, the minimum penalty should not be less than 4 months and 1 day of arresto mayor nor more than 4 years and 2 months of prision correccional, and the maximum, not less than 6 years and 1 day nor more than 8 years of prision mayor. The minimum penalty imposed in each case is correct but the maximum of 4 years, 2 months and 1 day is below the range.

    Wherefore, the appellant is sentenced in each case to 4 months and 1 day of arresto mayor as minimum and 6 years and 1 day of prision mayor as maximum. There is an obvious typographical or inadvertent error in the judgment with regard to the indemnity in case No. 5576. Instead of P4, the figure should be P84, which is the true value of the articles robbed, according to the information.

    With these modifications, the judgment appealed from is affirmed with costs of this instance against the Appellant.

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

    G.R. Nos. L-2391 & L-2392   February 22, 1950 - PEOPLE OF THE PHIL. v. DIONISIO DIZON Y GUEVARRA ET AL. <br /><br />085 Phil 515


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