G.R. No. 31883, December 3, 1929
People of the Philippine Islands vs. Demetrio Castro

FACTS

Demetrio Castro was charged and convicted in the lower court for the crime of theft and habitual delinquency under Act No. 3397. He pleaded guilty and was sentenced to six months and one day of presidio correccional, an indemnity of P6.18, subsidiary imprisonment in case of insolvency, costs, and an additional imprisonment of sixteen years as an habitual delinquent. Castro appealed, not contesting the merits of the case but pleading for leniency. Through his de oficio attorney and in a personal letter to the Supreme Court, he implored the court not to impose the additional penalty under Act No. 3397, citing his plea of guilty, his family circumstances, and the fact that his co-accused had already served their sentences.

ISSUE

Whether the mitigating circumstances invoked by Castrohis plea of guilty, his family situation, and the prior service of sentences by his co-accusedwarrant the non-imposition of the additional penalty for habitual delinquency under Act No. 3397.

RULING

No. The Supreme Court modified the lower court’s judgment but upheld the imposition of the additional penalty for habitual delinquency. The Court held that:
1. A plea of guilty is not a mitigating circumstance under the Penal Code (Article 9, No. 8) or applicable to Act No. 3397, as established in prior jurisprudence (U.S. vs. Ablaza, 1 Phil. 740).
2. Family circumstances, like old age or physical disabilities, are not recognized as mitigating factors under the Penal Code.
3. The prior service of sentences by co-accused does not justify exempting the appellant from the application of the law.

The Court found the Attorney-General’s recommendation well-founded and modified the penalty to two years, four months, and one day of presidio correccional (medium degree), with accessories under Article 58 of the Penal Code, an indemnity of P6.28, subsidiary imprisonment, costs, and the additional sixteen-year imprisonment for habitual delinquency. The appeal was dismissed, and the modified sentence was imposed.