THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. DOMINADOR MERCADO Y SANCHEZ, DEFENDANT AND APPELLANT.

V. ALBERT, CLERK, SUPREME COURT, P.I.


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 ________16th________day
of ________July________, 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 __________Manila_________,
dated the _________12th__________ day of __________January_________,
nineteen hundred and ___________thirty-three____________, and
from which the above-entitled appeal was taken, be, and the same is
hereby, affirmed with the modification that the penalty which should be
imposed upon the appellant is 6 months of arresto mayor, the aggravating
circumstance of recidivism being present without any atenuating
circumstance to compensate the same; and, for being a habitual
deliquent, an additional penalty of 2 years, 4 months and 1 day of prision
correccional, indemnification of Teodoro R. Yangco in the amount
of P43.47, eith the corresponding subsidiary imprisonment in case of
insolvency, (Art 309, par. 5 and Art. 62, rule 5 (a) of the Revised
Penal Code) is also imposed upon said appellant, with costs. The costs
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.