G.R. No. 1953 - United States vs. Paulino Fuentes, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1953            April 11, 1905

THE UNITED STATES,complainant-appellee,
vs.
PAULINO FUENTES, ET AL.,defendants-appellants.

Wm. B. Denmark for appellants.
Office of the Solicitor-General Araneta for appellee.

WILLARD,J.:

There is sufficient evidence in the case to convict the appellant Victorino Rana without taking into consideration the testimony which he gave before the justice of the peace, to the reception of which testimony his counsel in this court objects.

The offense falls-under article 508 of the Penal Code. The defendants were not armed. This fact reduces the penalty topresidio correccionalin its medium grade topresidio mayorin its minimum grade. The value of the property stolen did not exceed 1,250 pesetas; this places the penalty in the medium grade ofpresidio correccional. The defendants were both under 18 years of age; this fact requires the imposition of the penalty immediately inferior to the medium grade ofpresidio correccional. There is some conflict in the decisions of the supreme court of Spain as to what that penalty is, but it is now settled by the more recent decisions that the penalty immediately inferior to the medium grade ofpresidio correccionalis the medium grade ofarresto mayor. (3 Viada's Commentaries on the Penal Code, 394.) The penalty imposed by the court below, so far as the appellant Victorino Rana is concerned, is reduced from two years and ten months to four months. This change of the penalty disposes of the objection made in this court by the counsel for the appellant to the penalty imposed by the court below, so far as it discriminates between him and the other defendant, Paulino Fuentes.

With the exception of this change in the penalty the judgment of the court below is in all respects affirmed as to the appellant, with the costs of this instance to the appellant.

Arellano, C.J., Torres, Mapa and Johnson, JJ.,concur.