G.R. No. 1741. March 25, 1905

The evidence in this case fully sustains the findings of Ihe trial
court and establishes the guilt of the accused beyond a reasonable
doubt, and we find no error in the proceedings prejudicial to the
rights of the accused, except that in the sentence imposed it is
ordered that in case of insolvency the accused should suffer subsidiary
imprisonment at the rate of 12 1/2 pesetas a day on account of unpaid
costs.

There is no provision in the Penal Code for the imposition of
subsidiary imprisonment on account of nonpayment of costs, and the
sentence should therefore be modified so as to omit said provision, and
thus modified it should be affirmed. So ordered.

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