SUPREME COURT DECISIONS

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EN BANC

G.R. No. L-45406 March 11, 1937

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ENRICO ESTURIS Y SALVADOR, BONIFACIO TARZON Y MAQUINTO (alias BONIFACIO TUAZON), and PEDRO NOLASCO Y RUBIO, defendants.
PEDRO NOLASCO Y RUBIO, Appellant.

Jose Teodoro for appellant.
Office of the Solicitor-General Tuason for appellee.

DIAZ, J.: chanrobles virtual law library

Posecuted for attempted trespass to dwelling and convicted thereof upon his voluntary confession of guilt made before the evidence was presented by the prosecution, Pedro Nolasco y Rubio was sentenced by the Court of First Instance of Manila to one month of arresto menor and to pay fine of P200. Not agreeing to the judgment, said accused appealed therefrom; but the attorney appointed to defend him de oficio, believing that there is no possible defense for him and that, furthermore, the penalty imposed upon him is mild, make no recommendation, thereby making it understood that the judgment appealed from should be affirmed.chanroblesvirtualawlibrary chanrobles virtual law library

The Solicitor-General recommends that the aforesaid judgment be modified in the sense of imposing upon the appellant from one to the ten days of arresto menor and a fine not exceeding P500.chanroblesvirtualawlibrary chanrobles virtual law library

The penalty prescribed for the crime committed by the appellant, asking into consideration the mitigating circumstances of voluntary confession of guilt present therein, without any aggravating circumstances to offset it, is arresto menor in its minimum period and a fine of less than P200 (article 280; 51; 64, rule 2; and 71 of the Revised Penal Code, the latter as amended by section 3 of Commonwealth Act No. 217). In other words, the penalty which should be imposed upon the appellant is ten days of arresto menor should be imposed upon appellant is ten days of arresto menor and a fine of P150 with subsidiary imprisonment in case of insolvency.chanroblesvirtualawlibrary chanrobles virtual law library

Modified as above-stated the appealed judgment is affirmed in all other respect, with costs to the appellant. So ordered.

Avance�a, C.J., Villa-Real, Abad Santos, Imperial, Laurel and Concepcion, JJ., concur.