G. R. No. 41424. August 30, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. FRANCISCO DEL CARMEN, 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 ________14th________day
of ________August________, 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 ___________Ilocos
Sur________, dated the _________9th__________ day of
__________January_________, nineteen hundred and ___________thirty-four____________,
and from which the above-entitled appeal was taken, be, and the same is
hereby, affirmed with the modification of imposing upon the appellant
the penalty of 5 years, 5 months and 11 days of prision
correccional, however, in conformity with the provisions of Act No.
4103, the minimum of said penalty is fixed at 3 years of prision
correccional, with costs against the appellant. 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.