GR 45106; (August, 1936) (Digest)
G.R. No. 45106 ; August 25, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. JOSE LOPEZ Y GUIEB (alias EMILIO YANGCO, MARCELO MAGNO, ETC.), defendant-appellant.
FACTS
The accused, Jose Lopez y Guieb, pleaded guilty in the Court of First Instance of Manila to the crime of estafa under Article 315, case 3, in relation to subsection 2(d) of the Revised Penal Code. The trial court sentenced him to the minimum penalty of four months and one day of arresto mayor, ordered him to indemnify the offended party (Kinkwa Meriyasu & Co.) in the sum of P377.80, and to pay the costs. The accused appealed the judgment. His court-appointed attorney (de oficio) found no merit in the appeal and petitioned to be relieved from filing a brief, stating that the trial court committed no error and imposed the minimum penalty. During the pendency of the appeal, the accused himself filed a motion praying that he be granted the benefits of Act No. 4221 (the Probation Act), for suspension of the judgment’s execution, and for probation.
ISSUE
Whether the judgment of conviction should be affirmed and whether the Supreme Court can act on the accused’s motion for probation under Act No. 4221 .
RULING
The Supreme Court affirmed the judgment of conviction in toto. The Court found no error in the trial court’s judgment, noting that the accused pleaded guilty and was given the minimum penalty. Regarding the motion for probation, the Court held that such a motion must be filed in the Court of First Instance of Manila, as it is the court authorized by Section 1 of Act No. 4221 to conduct the proceedings and place the accused on probation. The Supreme Court, therefore, could not act on the motion.
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