G. R. No. 40200. June 02, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS.ROBERTO C. SANTOS, DEFENDANT AND APPELLANT.
J. STEVENS-ACTING CLERK OF COURT
This court
having regularly acquired jurisdiction for the trial of the
above-entitled cause submitted by both parties for decision,after
consideration thereof by the Court upon the record, its decision and
order for the judgment having been filed on the ________17th________day of ________May________, A. D. nineteen hundred and _________thirty-four________;
By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of _________Pampanga__________, dated the__________12th______________
day of __________July_________, nineteen hundred and ___________thirty-three____________,
and from which the above-entitled appeal was taken, be, and the same is
hereby, affirmed insofar as it finds the appellant guilty of crime with
which he is charged; however, as the lower court instead of applying
Art. 7 of the Act 3992, applied Art. 365 of the Revised Penal Code
which has been amended by the former, said judgment is modified, hereby
sentencing the appellant to an indeterminate penalty of from 1 year to 4
months of imprisonment in accordance with the provision of Act No.
4103, to indemnify the heirs of Juan Galang in the sum of P1,000,
suffering in case of insolvency the corresponding subsidiary
imprisonment, and to pay the costs of the proceeding in both instances.
The costs in this instance amount to P24.00 for the collection of which
the trial Judge shall proceed by summary proceedings.
It is further ordered that the said cause be remanded to the Court of First Instance.