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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. No. L-2857   February 28, 1950 - PEOPLE OF THE PHIL. v. MORO ISNAIN<br /><br />085 Phil 648

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2857. February 28, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MORO ISNAIN, Defendant-Appellant.

    Eduardo F. Elizalde for Appellant.

    Assistant Solicitor General Guillermo E. Torres and Acting Solicitor Antonio Consing for Appellee.

    SYLLABUS


    1. CONSTITUTION LAW; ARTICLE 310, REVISED PENAL CODE IMPOSES HEAVIER PENALTY FOR STEALING OF COCONUTS THAN SIMILAR PRODUCE; EQUAL PROTECTION OF THE LAWS. — The constitutional guarantee requires the treatment alike, in the same place and under like circumstances and conditions, of all persons subjected to state legislation. But a state, "as a part of its police power, may exercise a large measure of discretion, in creating and defining criminal offenses, and may make classifications as to persons amenable to punishment, so long as the classifications are reasonable . . ."cralaw virtua1aw library

    2. ID.; CLASSIFICATION; THEFT OF COCONUTS; PURPOSE OF THE HEAVIER PENALTY. — The purpose of the heavier penalty of theft of coconuts, it to promote the development of the industry. Unlike rice and sugar cane farms, coconut groves can not be efficiently watched. There is therefore, some reason for the special treatment accorded the industry; and the plea of unconstitutionality must be denied.


    D E C I S I O N


    BENGZON, J.:


    In the morning of March 7, 1947, Urbano Cruz, the encargado of the coconut grove of Arturo Eustaquio in Latuan and Balagtasan, City of Zamboanga, was informed by Lazaro Viernes, one of the guards, that there were three persons stealing coconuts in the said plantation. Cruz called Ernesto Fargas, the truck driver of Eustaquio, and accompanied by some laborers, both proceeded to the plantation. There the group saw three persons, chopping coconuts. When they approached, the trespassers started to run away, but Cruz fired a shot into the air, and one stopped and was apprehended. He turned out to be the herein appellant, Moro Isnain, who, upon investigation by the precinct commander of the corresponding police station (Lt. Bucoy) acknowledged his culpability, asked for pardon and identified his confederates as Moros Addi and Akik (who are still at large). Before the justice of the peace he pleaded guilty to the charge.

    However, in the court of first instance he changed his mind. He admitted he had been arrested during the raid, but submitted the flimsy excuse that he had merely gone to the place because he was thirsty. Anyway, he confessed that he joined the other two thieves in order to drink — and did drink — coconut water. This naturally constitutes theft of the coconuts. He also owned to having asked pardon from Lieutenant Bucoy "even to the extent of kissing his hand." Therefore there is no question in our minds that the appellant, with the other two runaways unlawfully picked coconuts from the plantation of Arturo Eustaquio, fruits which, according to the evidence, were valued at more than thirty-three pesos (P33.76).

    The only question raised with much earnestness by his attorney de officio is that article 310 of the Revised Penal Code classifying as qualified theft, the stealing of coconuts is unconstitutional, because it punishes the larceny of such products more heavily than the taking away of similar produce, such as rice and sugar, and thereby denies him the equal protection of the laws. It is unquestionable that the constitutional guaranty requires the treatment alike, in the same place and under like circumstances and conditions, of all persons subjected to state legislation. But a state, "as a part of its police power, may exercise a large measure of discretion, without violating the equal protection guaranty, in creating and defining criminal offenses, and may make classifications as to persons amenable to punishment, so long as the classifications are reasonable and the legislation bears equally on all in the same class, and, where a reasonable classification is made as between persons or corporations, the persons or corporations in each class may be dealt with in a manner different from that employed with regard to the persons or corporations in other classes." 1

    Thus it means no violation of the constitutional provision to make it a felony fraudulently to sell a part of a stock of trade whereas the fraudulent sale of other property is made a misdemeanor only, and to make it grand theft to steal bovine animals, and petty theft to steal other kinds of animals. 2

    In the matter of theft of coconuts, the purpose of the heavier penalty is to encourage and protect the development of the coconut industry as one of the sources of our national economy. 3 Unlike rice and sugar cane farms where the range of vision is unobstructed, coconut groves can not be efficiently watched because of the nature of the growth of coconut trees; and without a special measure to protect this kind of property, it will be, as it has been in the past the favorite resort of thieves. 4 There is therefore, some reason for the special treatment accorded the industry; and as it can not be said that the classification is entirely without basis, the plea of unconstitutionality must be denied.

    The crime is punished by article 309, paragraph 5, in connection with article 310 of the Revised Penal Code, as amended by Commonwealth Act No. 417. (Republic Act No. 120, enacted after the offense, is not applicable.) The penalty is prision correccional to its full extent. Applying the Indeterminate Sentence Law, the appellant should be sentenced to imprisonment for not less than 4 months of arresto mayor nor more than 4 years and 2 months of prision correccional. Thus modified, the appealed decision will be affirmed, with costs. So ordered.

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

    Endnotes:



    1. 16 Corpus Juris Secundum, pp. 1131-1132.

    2. People v. Waller, 222 Pac., 171; 64 Cal. App., 390; People v. Andrich, 26 Pac. (2d), 902; 135 Cal., App., 274.

    3. People v. Esmillio, 40 Off. Gaz. (11th S.) , No. 15, p. 111 (Padilla, Criminal Law, 1949 Ed., p. 811).

    4. Cf. Guevara, Commentaries on the Revised Penal Code, 4th Ed., p. 630.

    G.R. No. L-2857   February 28, 1950 - PEOPLE OF THE PHIL. v. MORO ISNAIN<br /><br />085 Phil 648


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