GR L 46231; (April, 1939) (Digest)
G.R. No. L-46231-46235. April 4, 1939.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PAULO GONZALEZ Y BEJAR, defendant-appellant.
FACTS
The accused, Paulo Gonzalez y Bejar, was charged in five separate criminal cases before the municipal court of Manila for the crime of theft. Each information alleged that he stole various items, mostly typewriters, on different dates in May and June 1938. All informations alleged that he was an habitual delinquent, citing multiple previous convictions for theft by final judgments, with the last conviction occurring on January 15, 1938. Upon arraignment in the Court of First Instance of Manila, the accused voluntarily pleaded guilty to all charges. He was sentenced in each case to a principal penalty of six months of arresto mayor and, for habitual delinquency, to an additional penalty of three years and six months of prision correccional. The accused appealed the judgments.
ISSUE
Whether the penalties imposed by the trial court are in accordance with law.
RULING
Yes, the appealed judgments are affirmed. The Supreme Court found no merit in the appeals. The penalties imposed are in accordance with Articles 309 (No. 4) and 62 (No. 5[a]) of the Revised Penal Code. The Court noted that the trial court, in considering the accused an habitual delinquent for only the third time despite his seven previous convictions—a consolidation prompted by the proximity of the convictions—actually redounded to the benefit of the accused. Therefore, the penalties should not be modified.
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