G. R. No. 45346. January 30, 1937
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS, ENGRACIA SILVERIO (ALIAS ENGRACIA DE SANTOS, ENGRACIA SANTOS), DEFENDANT AND APPELLANT.
ABAD SANTOS, J.:
charging her with the crime of estafa, the appellant was sentenced by
the Court of First Instance of Manila to six months and one day of prision correctional, to indemnify the offended party in the sum of P205, with subsidiary imprisonment in case of insolvency, and to pay the costs.
In support of this appeal it is now contended that the lower court
erred in not appreciating in favor of the appellant the mitigating
circumstance of her having entered a plea of guilty. This contention is
without merit. The amount alleged in the information to have been
embezzled or misappropriated by the appellant is P205. The penalty
prescribed for the offense thus committed is arresto mayor in its maximum period to prision correctional
in its minimum period. (Revised Penal Code, article 315, case 3.)
Appreciating in favor of the appellant the mitigating circumstance of
plea of guilty, the prescribed penalty should be imposed in its minimum
period, that is, from four months and one day of arresto mayor to one year of prision correctional.
It is within the sound discretion of the trial court to fix the penalty
within the range allowed by law. The penalty of six months and one day
of prision correctional imposed upon the appellant is within the proper range.
The judgment appealed from is, therefore, affirmed costs against the appellant. So ordered.
Avancena, C. J., ViLla-Real, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.