Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1929 > November 1929 Decisions > G.R. No. 31409 November 11, 1929 - PEOPLE OF THE PHIL. v. TOMAS V. TAPEL

054 Phil 23:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 31409. November 11, 1929.]

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. TOMAS TAPEL Y VARGAS, Defendant-Appellant.

The appellant in his own behalf.

Attorney-General Jaranilla, for Appellee.

SYLLABUS


1. CRIMINAL LAW; QUALIFIED THEFT; RECIDIVISM; PENALTY. — It appearing from the record that the defendant is a recidivist who has previously been convicted four times of the crime of qualified theft, and that he committed the crime for which he is now prosecuted within ten years from his last conviction, said defendant is an habitual criminal under Act. No. 3397, and must suffer the additional penalty provided in said law.


D E C I S I O N


VILLAMOR, J.:


The appellant was sentenced by the Court of First Instance of Manila for the crime of qualified theft, defined in article 520, paragraph 3, of the Penal Code, to two years, four months and one day of presidio correccional, and an additional penalty of ten years’ imprisonment pursuant to the provisions of Act No. 3397; to suffer the accessaries of the law provided in article 58 of said Code; to pay the costs, and to return to the offended party the bolt of silk Exhibit A.

The accused appealed from this judgment. He alleges that he testimony of the witnesses Daniel Joson and Apolonia Hernandez is insufficient to support the judgment, in view of his clear testimony that another person dropped the bolt of pongee silk while passing his side. This contention of the appellant is untenable. The testimony of said witnesses, especially that of Apolonia Hernandez, leaves no room for doubt as to the guilt of the accused. Hernandez, who has a store in front o the offended party’s store, was an eyewitness of the fact that the accused took the bolt of silk Exhibit A, value at P26. She saw the accused take it, wrap it up in a piece of newspaper, place it under his arm, and afterwards hurriedly leave the offended party’s store. When Joson caught the appellant, the bundle of silk was still under his arm, although he dropped it on one side of the sidewalk as soon as he was caught by his pursuer. They can be no doubt that the evidence of the prosecution conclusively establishes the guilt of the accused.

Moreover, it appears from the record that the accused is a recidivist, having been previously convicted four times of the crime of qualified theft; and inasmuch as he committed the crime for which he is now prosecuted within ten years from his last conviction, on November 12, 1924, said accused is an habitual criminal under Act No. 3397, and must suffer the additional penalty prescribed by paid law.

The judgment appealed from being in accordance with law, the same should be, as it is hereby affirmed, with the cost against the appellant. So ordered.

Avanceña, C.J., Street, Malcolm, Ostrand, Johns and Villa-Real, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com