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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-1964 Jurisprudence                 

  • Adm. Case No. 190 September 26, 1964 - MARCOS MEDINA v. LORETO U. BAUTISTA

  • G.R. No. L-17405 September 26, 1964 - JOSE AGUDO, JR. v. JOSE R. VILLANUEVA

  • G.R. No. L-19132 September 26, 1964 - PEOPLE OF THE PHIL. v. ALFONSO CAÑADA

  • G.R. No. L-17069 September 28, 1964 - LIANGA BAY LOGGING CO., INC. v. ANDRES REYES

  • G.R. No. L-18421 September 28, 1964 - TOMAS BESA v. JOSE CASTELLVI

  • G.R. No. L-18817 September 28, 1964 - ANTONIO G. TADY-Y v. PHILIPPINE NATIONAL BANK

  • G.R. No. L-18865 September 28, 1964 - REPUBLIC OF THE PHIL. v. JUAN S. ALANO

  • G.R. No. L-20219 September 28, 1964 - A. L. AMMEN TRANSPORTATION CO., INC. v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-22626 September 28, 1964 - ALICE FOLEY VDA. DE MARCELO v. RAFAEL S. SISON

  • G.R. No. L-16252 September 29, 1964 - ROSARIO MAS v. ELISA DUMARA-OG

  • G.R. No. L-17097 September 29, 1964 - PHILIPPINE ACETYLENE COMPANY v. CENTRAL BANK OF THE PHILIPPINES

  • G.R. No. L-19159 September 29, 1964 - GLICERIA C. LIWANAG v. LUIS B. REYES

  • G.R. No. L-19391 September 29, 1964 - CECILIO DE LA CRUZ v. MANUEL JESUS DE LA CRUZ

  • G.R. No. L-19776 September 29, 1964 - BENJAMIN CHUA v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19957 September 29, 1964 - ELIAS AGUSTIN v. WORKMEN’S COMPENSATION COMMISSION and PANIQUI SUGAR MILLS, INC.

  • G.R. No. L-20111 September 29, 1964 - PEOPLE OF THE PHIL. v. DANILO E. VARGAS

  • G.R. No. L-14888 September 30, 1964 - MERCEDES CLEMENTE v. JOVITO BONIFACIO

  • G.R. No. L-15418 September 30, 1964 - WEST LEYTE TRANSPORTATION CO., INC. v. ADELAIDO SALAZAR

  • G.R. No. L-17029 September 30, 1964 - SAMUEL S. SHARRUF v. FRANK BUBLA

  • G.R. No. L-17194 September 30, 1964 - PRIMITIVO SATO v. SIMEON RALLOS

  • G.R. No. L-17960 September 30, 1964 - IN RE: SY CHHUT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-18596 September 30, 1964 - ALVAREZ MALAGUIT v. FELIX ALIPIO

  • G.R. No. L-18674 September 30, 1964 - FLORENTINA CALMA v. JOSE MONTUYA

  • G.R. No. L-19107-09 September 30, 1964 - IN RE: LAO YAP HAN DIOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19419 September 30, 1964 - IN RE: GAW CHING v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19583 September 30, 1964 - IN RE: ONG BON KOK v. REPUBLIC OF THE PHIL

  • G.R. No. L-19709 September 30, 1964 - IN RE: ANDRES ONG KHAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19778 September 30, 1964 - CROMWELL COMMERCIAL EMPLOYEES AND LABORERS UNION (PTUC) v. COURT OF INDUSTRIAL RELATIONS

  • G.R. No. L-19830 September 30, 1964 - IN RE: PAUL TEH v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20077 September 30, 1964 - PEOPLE OF THE PHIL. v. ROMEO PACOMIO

  • G.R. No. L-20103 September 30, 1964 - MANILA RAILROAD COMPANY v. CONCHITA VDA. DE CHAVEZ

  • G.R. No. L-20146 September 30, 1964 - PEOPLE OF THE PHIL. v. VIRGILIO OPLADO

  • G.R. No. L-20150 September 30, 1964 - PEOPLE OF THE PHIL. v. JOAQUIN DOCTOR y DIZON

  • G.R. No. L-20232 September 30, 1964 - MUNICIPALITY OF LA CARLOTA v. NATIONAL WATERWORKS and SEWERAGE AUTHORITY

  • G.R. No. L-20219 September 28, 1964 - A. L. AMMEN TRANSPORTATION CO., INC. v. WORKMEN’S COMPENSATION COMMISSION

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    G.R. No. L-20111   September 29, 1964 - PEOPLE OF THE PHIL. v. DANILO E. VARGAS

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-20111. September 29, 1964.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO E. VARGAS, Defendant-Appellant.

    Sanchez & De los Reyes, for Defendant-Appellant.

    Solicitor General for Plaintiff-Appellee.


    SYLLABUS


    1. CRIMINAL LAW; PENALTY FOR ROBBERY IN A PUBLIC BUILDING WHERE PROPERTY TAKEN EXCEEDS 250 PESOS, BUT OFFENDERS DO NOT CARRY ARMS AND OFFENDERS IS A MINOR. — Where the crime committed is robbery in a public building and the property taken exceeds 250 pesos, but the offenders do not carry arms and the particular offender was a minor being 17, at the time of the commission of the offense, it is held that the proper penalty should be two degrees lower than prision mayor, which is arresto mayor. With the application of the indeterminate sentence law, and under the circumstances of the case at bar, the penalty should be from six months of arresto mayor to three years, six months and twenty one days of prision correccional.


    D E C I S I O N


    PAREDES, J.:


    Defendant-appellant Danilo E. Vargas and Alfredo C. Ulanday, were charged before the CFI of Rizal, Branch VI, with the crime of robbery, in an information worded as follows:jgc:chanrobles.com.ph

    "That on or about the 22nd day of October, 1961, in the municipality of Pasig, province of Rizal, Philippines, a place within the jurisdiction of this Honorable Court, the above named accused, conspiring and confederating with one Ernesto Mamucod who is still at large and whose case is still pending with the Justice of the Peace Court of Pasig, Rizal, and all three (3) of them mutually helping and aiding one another, at night time, a circumstance deliberately sought to insure success in the commission of the crime, entered a public school building (Pasig Elementary School) by passing thru its window, an opening not intended for ingress or egress, and by means of force upon things, that is, by forcibly breaking and sawing the iron bar of the window grills, and once inside the said building, with intent of gain and without the knowledge and consent of the owner thereof, did then and there willfully, unlawfully and feloniously take, steal and carry away therefrom the following property, to wit:chanrob1es virtual 1aw library

    One (1) typewriter, "Underwood", 24 inches carriage with Serial No. B-8167, valued at P450.00

    One (1) Adding Machine, "RC Allen", hand operated, Model 1005, with serial No. 1078531, valued at 800.00.

    all in the total value of P1,250.00, belonging to the Pasig Elementary School, to the damage and prejudice of said Pasig Elementary School in the aforesaid amount of P1,250.00."cralaw virtua1aw library

    Both accused waived preliminary investigation and the case was elevated to the CFI for proper proceedings. Under date of December 22, 1961, the accused were arraigned and accused Ulanday, assisted by Atty. Oseña, pleaded guilty to the crime, as charged in the information. A plea of not guilty was registered by herein appellant Danilo E. Vargas. On December 26, 1961, the trial court rendered judgment against Ulanday, finding him guilty beyond reasonable doubt of the crime as charged, and sentenced him to suffer from 2 years and 4 months of prision correccional as the minimum to 10 years of prision mayor as the maximum, and to pay the costs.

    Trial was ordered, as to accused Vargas. At the scheduled trial, on January 9, 1962, Vargas, now assisted by Atty. Augusto Sanchez, moved to withdraw his former plea of not guilty and substitute it with that of "guilty" of the crime charged. On the same date, the lower court rendered a decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, the Court finds the accused Danilo E. Vargas guilty beyond reasonable doubt of the crime as charged in the above information and hereby sentences him to suffer an indeterminate sentence of from 2 years and 4 months as the minimum to 6 years of prision correccional as the maximum, and to pay the proportionate costs."cralaw virtua1aw library

    Counsel for the accused moved for the reconsideration of the above decision, only with respect to the propriety of the penalty imposed. Counsel claims that accused Vargas is entitled to the mitigating circumstance of minority (being 17 at the commission of the offense) and the plea of guilty, and that his penalty should only be one (1) month and one (1) day of arresto mayor to two (2) years and four (4) months, of prision correccional, after applying the indeterminate sentence law. Upon denial of the motion, the instant appeal was interposed.

    It would seem that the only question which we are required to pass upon, is the penalty to be imposed.

    Article 299 of the Revised Penal Code, which penalizes the crime at bar, provides:jgc:chanrobles.com.ph

    "Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to . . ., shall be punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if —

    x       x       x


    When the offenders do not carry arms and the value of the property taken exceeds 250 pesos, the penalty next lower in degree shall be imposed."cralaw virtua1aw library

    Under the above provisions, therefore, the penalty imposable should be prision mayor (six [6] years and 1 day to 12 years). There is no allegation in the information that the accused were armed. This penalty should again be reduced to one degree lower, or prision correccional (6 mos. and 1 day to 6 years) because the accused was admittedly a minor (par. 2, Art. 68, RPC). From this penalty, a further reduction is authorized by the application of the indeterminate sentence law which is another degree lower, or arresto mayor (1 mo. and 1 day to 6 months). The Solicitor General recommended that the penalty should not be less than 1 month and 1 day nor more than 6 months of arresto mayor as minimum, and not less than 2 years, 4 months and 1 day nor more than 4 years and 2 months of prision correccional, as maximum. All circumstances considered, this Court imposes upon appellant Danilo E. Vargas an indeterminate penalty which ranges from 6 months of arresto mayor to three (3) years, six (6) months and twenty-one (21) days of prision correccional.

    WHEREFORE, modified as above indicated, the decision appealed from is affirmed, in all other aspects. With proportional costs against Appellant.

    Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Dizon, Regala, Makalintal, Bengzon, J. P. and Zaldivar, JJ., concur.

    G.R. No. L-20111   September 29, 1964 - PEOPLE OF THE PHIL. v. DANILO E. VARGAS


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