G.R. No. 41953 ; February 27, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ISABEL BINUYA, ET AL., defendants. CONCEPCION CAPALUNGAN, appellant.

FACTS

Appellant Concepcion Capalungan pleaded guilty to theft in the justice of the peace court and was sentenced to arresto menor. After serving part of her sentence in the provincial jail, she appealed to the Court of First Instance, where she again pleaded guilty and was sentenced to pay a fine with subsidiary imprisonment in case of insolvency. She filed a motion to credit the time she already served in jail against the potential subsidiary imprisonment. The trial court denied her motion.

ISSUE

Whether the appellant is entitled to have the time she spent in the provincial jail credited against the subsidiary imprisonment subsequently imposed by the Court of First Instance.

RULING

No. The Court affirmed the denial of the motion. The provision of the last paragraph of article 30 of the old Penal Code, which might have supported such credit, was omitted in the Revised Penal Code. Since the Revised Penal Code is a complete revision that expressly repealed the old Penal Code, the omission is considered a deliberate repeal. The rule that repeal by implication is not favored does not apply when a statute is completely revised and consolidated, as omissions are considered intentional repeals. Furthermore, the appellant, having been convicted of theft, was not entitled to the benefits of article 29 of the Revised Penal Code regarding preventive imprisonment.

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