Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1912 > January 1912 Decisions > G.R. No. 6888 January 2, 1912 - UNITED STATES v. FILEMON TAMARRA

021 Phil 143:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 6888. January 2, 1912. ]

THE UNITED STATES, Plaintiff-Appellee, v. FILEMON TAMARRA, Defendant-Appellant.

Filemon Sotto, for Appellant.

Acting Attorney-General Harvey, for Appellee.

SYLLABUS


1. APPEAL FROM JUDGMENT OF CONVICTION, BASED UPON PLEA OF GUILTY. — An appeal from a judgment of conviction, which is based upon a plea of guilty, raises no question of fact, and this court will look to the record only for the purpose of ascertaining whether the penalty imposed is proper.


D E C I S I O N


MORELAND, J. :


The defendant in this case was convicted of having in his possession lottery tickets with intent to sell the same. The judgment of conviction is based upon the plea of guilty of the accused. The only errors assigned on this appeal that can be considered by this court are (a) that relating to the penalty and (b) that which touches the question of double jeopardy.

It appears that the accused was arrested charged with the crime of running a lottery. Upon being arraigned he asserted that he was not guilty of that crime but was guilty of having in his possession lottery tickets with intent to sell the same. The court thereupon ordered the information amended so as to charge the crime of having possession of lottery tickets with intent to sell. To this procedure the accused made no objection and upon presentation of the new information, and after the formalities accompanying his arraignment, he pleaded guilty and was duly sentenced by the court. Under these facts there is presented for our consideration from that aspect of the appeal no question whatever.

As to the penalty imposed, we are of the opinion that it is too severe. It is, therefore, hereby modified and the defendant sentenced to pay a fine of P100, with subsidiary imprisonment as provided by law in case of non-payment.

Torres, Mapa, Johnson, and Trent, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





January-1912 Jurisprudence                 

  • G.R. No. 6727 January 2, 1912 - UNITED STATES v. ROQUE FLORES

    021 Phil 140

  • G.R. No. 6888 January 2, 1912 - UNITED STATES v. FILEMON TAMARRA

    021 Phil 143

  • G.R. No. 6696 January 6, 1912 - UNITED STATES v. VALERIANO CERNA, ET AL.

    021 Phil 144

  • G.R. No. 6328 January 9, 1912 - ROMUALDO OSORIO, ET AL v. PEDRO CORTEZ, ET AL

    024 Phil 653

  • G.R. No. 6771 January 9, 1912 - UNITED STATES v. FILOMENO DE TORRES

    021 Phil 151

  • G.R. No. 6910 January 9, 1912 - ANDRES ZAPANTA v. EDUARDO DE ROTAECHE

    021 Phil 154

  • G.R. No. 6516 January 10, 1912 - UNITED STATES v. DIONISIO BARROGA, ET AL.

    021 Phil 161

  • G.R. No. 6668 January 10, 1912 - UNITED STATES v. JOSE LASERNA

    021 Phil 168

  • G.R. No. 6364 January 11, 1912 - JUAN GUMIRAN v. PIO GUMIRAN

    021 Phil 174

  • G.R. No. 6620 January 11, 1912 - ALEJANDRA AUSTRIA v. RAMON VENTENILLA ET AL.

    021 Phil 180

  • G.R. No. 7048 January 12, 1912 - MUNICIPALITY OF MONCADA v. PIO CAJUIGAN ET AL.

    021 Phil 184

  • G.R. No. 6348 January 16, 1912 - BENIGNO ABAC v. AURELIO ACEDERA, ET. AL.

    021 Phil 195

  • G.R. No. 6546 January 15, 1912 - GREGORIA ARNEDO CRUZ ET AL. v. DOMINGO DE LEON ET AL.

    021 Phil 199

  • G.R. No. 6871 January 15, 1912 - JOSE MCMICKING v. BENITO SY CONBIENG

    021 Phil 211

  • G.R. No. 6646 January 17, 1912 - UNITED STATES v. URBANO BORLONGAN

    021 Phil 232

  • G.R. No. 6660 January 17, 1912 - UNITED STATES v. TEOFILO OSORIO

    021 Phil 237

  • G.R. No. 7003 January 18, 1912 - MANUEL ORIA Y GONZALEZ v. JOSE MCMICKING, ET AL.

    021 Phil 243

  • G.R. No. 5772 January 23, 1912 - JOSEFA FULGENCIO v. BENITA GATCHALIAN, ET AL.

    021 Phil 252

  • G.R. No. 7041 January 23, 1912 - UNITED STATES v. FRANCISCO CALLAPAG

    021 Phil 262

  • G.R. No. 6026 January 25, 1912 - UNITED STATES v. ISIDRO MAGUIDAD

    021 Phil 267

  • G.R. No. 6460 January 25, 1912 - UNITED STATES v. FERNANDO AGUSTIN

    021 Phil 270

  • G.R. No. 6688 January 25, 1912 - BALDOMERO DE LA RAMA v. ROMAN MARAVILLA ET AL.

    021 Phil 274

  • G.R. No. 6623 January 26, 1912 - INCHAUSTI & COMPANY v. SONG FO & COMPANY ET AL.

    021 Phil 278

  • G.R. No. 6742 January 26, 1912 - UNITED STATES v. SANTIAGO LASADA, ET AL.

    021 Phil 287

  • G.R. No. 6593 January 27, 1912 - UNITED STATES v. CORNELIO LABAN

    021 Phil 297

  • G.R. No. 7269 January 27, 1912 - CASTLE BROS. v. H. B. McCOY

    021 Phil 300

  • G.R. No. 7317 January 31, 1912 - EMILIA ALZUA, ET AL v. E. FINLEY JOHNSON

    021 Phil 308