G.R. No. 33899; February 17, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SANTIAGO VELASQUEZ Y GUINTO, defendant-appellant.

FACTS

The appellant, Santiago Velasquez y Guinto, was convicted by the Court of First Instance of Manila for the theft of a pair of silk stockings valued at P2.50. The information alleged he was a habitual delinquent, having been previously convicted four times for theft and once for robbery, with his last release on July 18, 1928. The trial court found him guilty of simple theft with recidivism and imposed a penalty of four months and one day of arresto mayor, plus an additional penalty of twenty-one years imprisonment as a habitual delinquent under Act No. 3397, as amended.

ISSUE

Whether the trial court correctly classified the crime and imposed the proper penalty.

RULING

No. The Supreme Court modified the judgment. The crime committed was qualified theft under the Penal Code, not simple theft, due to the appellant’s status as a habitual delinquent. The proper principal penalty for the theft, considering the value of the stolen property, should be one year and one day to one year and eight months of prision correccional. The trial court erred in imposing only four months and one day of arresto mayor. The Court increased the principal penalty to one year and one day of prision correccional. The additional penalty of twenty-one years imprisonment as a habitual delinquent was affirmed as correct.

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