GR 40871; (November, 1934) (Digest)
G.R. No. 40871 ; November 10, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CELERINO COLOCAR, defendant-appellant.
FACTS
The accused, Celerino Colocar, was charged with the crime of arson under Article 322, paragraph 3 of the Revised Penal Code. It was alleged that on May 2, 1933, in Calapan, Mindoro, he willfully set fire to a fish-net and partially damaged a banca (boat) belonging to Mauricio Ahorro, causing damage valued at P380. The prosecution presented witnesses who testified that they saw the accused fleeing from the burning banca around 1:00 a.m. The accused interposed an alibi, claiming he was asleep in his house at the time. The trial court found him guilty beyond reasonable doubt and sentenced him to an indeterminate penalty. The information also alleged the aggravating circumstance of recidivism (previous conviction for robbery in 1916).
ISSUE
Whether the aggravating circumstance of recidivism should be appreciated against the accused, considering that sixteen (16) years had elapsed between his previous conviction for robbery and the commission of the present crime of arson.
RULING
No, the aggravating circumstance of recidivism should not be appreciated. The Supreme Court modified the trial court’s decision by disregarding this aggravating circumstance. The Court held that the sixteen-year interval between the previous conviction and the present offense was too long to establish the “moral and legal relation” between the two crimes that demonstrates criminal propensities or greater perversion, which is the rationale for considering recidivism. While the Revised Penal Code did not expressly adopt the Spanish amendment requiring the consideration of the prescriptive period, the Court found the long lapse of time sufficient to interrupt the connection between the offenses. The penalty was recalculated considering only the aggravating circumstance of nocturnity, resulting in the imposition of an indeterminate sentence of 6 months of arresto mayor as a minimum to 2 years, 11 months, and 11 days of prision correccional as a maximum. The conviction for arson and the order for indemnity were affirmed.
AI Generated by Armztrong.