GR L 2873; (February, 1950) (Digest)
G.R. No. L-2873; February 28, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EUGENIO GARCIA Y MADRIGAL, defendant-appellant.
FACTS
The defendant-appellant, Eugenio Garcia y Madrigal, was 17 years old at the time he committed the crime of robbery. The lower court found him guilty and sentenced him to an indeterminate penalty, ignoring his minority. The case raises the issue of whether Republic Act No. 47 , which amended Article 80 of the Revised Penal Code by reducing from 18 to 16 the age below which an accused must be committed to a benevolent institution instead of being imprisoned, also impliedly amended Article 68(2) of the Revised Penal Code. Article 68(2) provides a privileged mitigating circumstance for offenders over 15 and under 18 years of age, requiring the imposition of the penalty next lower than that prescribed by law.
ISSUE
Did Republic Act No. 47 , by amending Article 80 of the Revised Penal Code, also impliedly amend Article 68(2) to remove the privileged mitigating circumstance for offenders aged 16 to 18?
RULING
No. The Supreme Court held that Republic Act No. 47 did not impliedly amend Article 68(2) of the Revised Penal Code. The Court applied rules of statutory construction: (1) all parts of a statute must be harmonized and reconciled, and (2) penal laws must be construed strictly against the state in case of doubt. There is no irreconcilable conflict between Article 68(2) and the amended Article 80; they can operate independently. The privilege under Article 68(2) is a statutory mitigating circumstance for sentencing, while Article 80 concerns the place of confinement. The legislature did not express a clear intention to amend Article 68(2). Therefore, the appellant, being 17, is entitled to the privileged mitigating circumstance under Article 68(2). The Court modified the penalty accordingly, sentencing him to an indeterminate penalty of 4 months of arresto mayor to 2 years and 4 months of prision correccional. The motion for reconsideration was denied.
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