G. R. No. 45406. March 11, 1937
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ENRICO ESTUKIS Y SALVADOR, BONIFACIO TARZON Y MAQUINTO (ALIAS BONIFACIO TUAZON), AND PEDRO NOLASCO Y RUBIO, DEFENDANTS…
DIAZ, J,:
and convicted thereof upon his voluntary confession of guilt made
before the evidence was presented by the prosecution, Pedro Nolasco y
Rubio was sentenced by the Court of First Instance of Manila to one
month of arresto menor and to pay a fine of P200. Not
agreeing to the judgment, said accused appealed therefrom; but the
attorney appointed to defend him de oficio, believing that
there is no possible defense for him and that, furthermore, the.
penalty imposed upon him is mild, makes no recommendation, thereby
making it understood that the judgment appealed from should be
affirmed.
The Solicitor-General recommends that the aforesaid judgment be
modified in the sense of imposing upon the appellant from one to ten
days of arresto menor and a fine not exceeding P500.
The penalty prescribed for the crime committed by the appellant,
taking into consideration the mitigating circumstance of voluntary
confession of guilt present therein, without any aggravating
circumstance to offset it, is arresto menor in its minimum
period and a fine of less than P200 (articles 280; 51; 64, rule 2; and
71 of the Revised Penal Code, the latter as amended by section 3 of
Commonwealth Act No. 217). In other words, the penalty which should be
imposed upon the appellant is ten days of arresto menor and a fine of P150 with subsidiary imprisonment in case of insolvency.
Modified as above-stated, the appealed judgment is affirmed in all other respects, with costs to the appellant. So ordered.
Avancena, C. J., Villa-Real, Abad Santos, Imperial, Laurel, and Concepcion, JJ., concur.