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G.R. No. L-4813 January 23, 1909
UNITED STATES vs. POTENCIANO SIAMSICO -->

EN BANC

G.R. No. L-4813 January 23, 1909

THE UNITED STATES,Plaintiff-Appellee, vs. POTENCIANO SIAMSICO,Defendant-Appellant.

Jose Ma. Rosado, for appellant.
Attorney-General Villamor, for appellee.

CARSON, J. :chanrobles virtual law library

The guilt of the accused of the crime of which he was convicted in the trial court is conclusively established beyond a reasonable doubt, and we find no error in the proceedings prejudicial to the rights of the accused.chanroblesvirtualawlibrary chanrobles virtual law library

Counsel for appellant contends that the sentence imposed is in excess of that provided by law for the crime of theft, of which the accused was convicted. It appears that the convict was a domestic servant in the house of the owner of the stolen property at the time when the crime was committed, hence, under the provisions of articles 520 of the Penal Code, it was the duty of the court to impose a penalty immediately superior to that prescribed for the commission of the offense in the absence of such circumstance.chanroblesvirtualawlibrary chanrobles virtual law library

The crime committed is defined and penalized in section 3, of article 518, taken together with section 2 of article 520, of the Penal Code. The value of the stolen property being in excess of 250 pesetas, but not in exceeding 1,250 pesetas, the penalty prescribed in article 518 for this offense is that of arresto mayor in its medium degree to presidio correccional in its minimum degree. The penalty immediately superior thereto, which is prescribed in article 520 when theft is committed by a domestic servant, is that of presidio correccional in its medium degree to presidio mayor in its minimum degree, and there being no aggravating or extenuating circumstances, this penalty should be imposed in its medium degree, that is to say, from four years, two months, and one day to six years of presidio correccional.chanroblesvirtualawlibrary chanrobles virtual law library

The judgment of conviction and the sentence of the trial court imposing four year, two months, and one day of presidio correccional upon the accused, should be and are hereby affirmed, with the costs of this instance against the appellant.chanroblesvirtualawlibrary chanrobles virtual law library

Arellano, C.J., Torres, Mapa, Johnson, Willard, and Tracey, JJ., concur.