GR 33817; (January, 1931) (Digest)
G.R. No. 33817 ; January 22, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. RUFINO JAVIER Y SANTOS, defendant-appellant.
FACTS
The defendant, Rufino Javier y Santos, went to the complainant’s barber shop under the pretense of seeking employment. After being told no job was available, he offered to watch the shop while the owner ate. Upon the owner’s return, the defendant had left, taking an electric fan and scissors valued at P84. The defendant, who had six prior convictions for theft, was charged with theft and, as a habitual offender, was given an additional penalty under the Habitual Delinquency Law.
ISSUE
Whether the lower court correctly imposed the principal penalty for theft and the additional penalty for habitual delinquency.
RULING
No. The Supreme Court modified the penalties. For the theft (qualified by recidivism), the correct principal penalty is prision correccional for four years, two months, and one day under Article 520, No. 3 of the Penal Code. For habitual delinquency, the correct additional penalty is twenty-one years under Act No. 3397 , as amended by Act No. 3586 . The Court affirmed the judgment with these modifications, reiterating that the principal penalty for the crime is determined first under the Penal Code, and the additional penalty for habitual delinquency is then added separately.
AI Generated by Armztrong.