People of the Philippines v. Enrico S. Esturis, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 45406             March 11, 1937

THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee,
vs.
ENRICO ESTURIS Y SALVADOR, BONIFACIO TARZON Y MAQUINTO (alias BONIFACIO TUAZON), and PEDRO NOLASCO Y RUBIO,defendants.
PEDRO NOLASCO Y RUBIO,appellant.

Jose Teodoro for appellant.
Office of the Solicitor-General Tuason for appellee.

DIAZ,J.:

Posecuted for attempted trespass to dwelling 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 ofarresto menorand to pay fine of P200. Not agreeing to the judgment, said accused appealed therefrom; but the attorney appointed to defend himde oficio, believing that there is no possible defense for him and that, furthermore, the penalty imposed upon him is mild, make 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 the ten days ofarresto menorand a fine not exceeding P500.

The penalty prescribed for the crime committed by the appellant, asking into consideration the mitigating circumstances of voluntary confession of guilt present therein, without any aggravating circumstances to offset it, isarresto menorin its minimum period and a fine of less than P200 (article 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 ofarresto menorshould be imposed upon appellant is ten days ofarresto menorand a fine of P150 with subsidiary imprisonment in case of insolvency.

Modified as above-stated the appealed judgment is affirmed in all other respect, with costs to the appellant. So ordered.

Avanceña, C.J., Villa-Real, Abad Santos, Imperial, Laurel and Concepcion, JJ., concur.