GR L 3633; (October, 1907)

G.R. No. L-3633 : October 30, 1907

THE UNITED STATES, plaintiff-appellee,

vs.
TEODORA BORJAL, ET AL., defendants-appellants.

Jose Generoso, for appellants.
Fermin Mariano and Allen A. Garner, for private prosecutor.

CARSON, J.:

The evidence of record in this case fully sustains the findings of the trial court and establishes the guilt of the accused beyond a reasonable doubt.

We find no error in the proceedings prejudicial to the rights of the accused. lawphil.net

The trial judge imposed the penalty prescribed by law in its minimum degree, because he was of opinion that the accused should be given the benefit of the provisions of article 11 of the Penal Code. We do not think that this is a proper case for the reduction of the penalty in accordance with the provisions of this article. There is nothing in the nature of the crime of adultery of which the accused were convicted, nor in the particular circumstances of this case, upon which to base such a holding. The record not disclosing the existence of extenuating or aggravating circumstances in the commission of the crime, the penalty prescribed by law should have been imposed in the medium and not the minimum degree.

We therefore reverse so much of the sentence as imposes upon the accused the penalty of two years and four months of prision correccional, and instead thereof we impose upon the accused the penalty of three years six months and twenty-one days of prision correccional. Thus modified the sentence of the trial court is affirmed, with the costs of this instance against the appellants, and it is so ordered.

Arellano, C.J., Torres, Johnson, Willard and Tracey, JJ., concur.

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