G.R. No. 31562 , November 12, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. MARIANO LAPUZ Y VALENZUELA

FACTS

The accused, Mariano Lapuz y Valenzuela, was charged with the crime of theft for stealing a box of Pompeia powder valued at P0.60 from the store of Liao Chan in Manila on February 17, 1929. Upon apprehension, he admitted the act to the detective, stating it was due to necessity. The prosecution presented evidence of his prior criminal record, showing six previous convictions for theft, with the last conviction dated May 9, 1927. The municipal court found him guilty, and on appeal, the Court of First Instance of Manila also convicted him of theft. He was sentenced to two months and one day of imprisonment for the principal offense and an additional penalty of twenty-one years of imprisonment as an habitual delinquent under Act No. 3397 .

ISSUE

Whether the penalty imposed by the trial court for the principal offense of theft is correct in light of the applicable provisions of the Revised Penal Code.

RULING

No, the penalty for the principal offense must be modified. The Supreme Court agreed with the recommendation of the Attorney-General. The crime falls under Article 518, paragraph 6 of the Penal Code (as amended by Act No. 3244 ), in relation to Article 520, paragraph 3, which prescribes a penalty of arresto mayor in its maximum degree to presidio correccional in its minimum degree. With no modifying circumstances, the medium degree of this penalty should be applied. Therefore, the principal penalty is modified to one year and one day of presidio correccional. The additional penalty of twenty-one years of imprisonment for habitual delinquency under Act No. 3397 is affirmed. The appealed judgment is affirmed with this modification.