G.R. No. L-12718 - JULY 1917 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-12718July 28, 1917 United States vs. Domingo Cruz G.R. No. L-8541July 20, 1917 Apolonio Deato, et al. vs. Claro Zacarias, et al. The Lawphil Project - Arellano Law Foundation, Inc. United States vs. Domingo Cruz Apolonio Deato, et al. vs. Claro Zacarias, et al. The Lawphil Project - Arellano Law Foundation, Inc.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-12718            July 28, 1917

THE UNITED STATES,plaintiff-appellee,
vs.
DOMINGO CRUZ, (alias) DOMINGO DEL ROSARIO,defendant-appellant.

Gregorio Araneta for appellant.
Acting Attorney-General Feria for appellee.

MALCOLM,J.:

The guilt of the defendant and appellant of the crime of illegal marriage (bigamy) is admitted. The sole basis of the argument of counsel for appellant is that the accused has been placed twice in jeopardy because also tried and convicted of the crime ofamancebamiento(concubinage) arising out of the same facts. A sufficient answer is that the plea of former jeopardy cannot be urged for the first time in the Supreme Court. (U. S.vs.Perez [1902], 1 Phil., 203; Mooringvs.The State [1900], 129 Ala., 66; 135 Am. St., Rep. [1909], 79, Note IV.)

There being present neither aggravating nor mitigating circumstance, the penalty should have been imposed in its medium degree. The judgment of the lower court is therefore modified by sentencing the defendant to eight years and one day ofprision mayor, to the accessory penalties of article 61 of the Penal Code, and to pay one-half of the costs in the first instance and all the costs in this instance. So ordered.

Arellano, C.J., Johnson, Carson, Araullo and Street, JJ.,concur.