G.R. No. 45089 ; September 17, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. DOMINADOR FLORES Y AGUILAR, defendant-appellant.

FACTS

The accused, Dominador Flores y Aguilar, pleaded guilty to the crime of frustrated theft. The Court of First Instance of Manila found him guilty and sentenced him to a principal penalty of eleven days of arresto menor and an additional penalty for being a habitual delinquent. The accused appealed, contending only that the principal penalty imposed was erroneous.

ISSUE

1. Whether the trial court correctly imposed the principal penalty of eleven days of arresto menor.
2. Whether the trial court correctly declared the accused a habitual delinquent and imposed the corresponding additional penalty.

RULING

1. Yes, the principal penalty was correct. For frustrated theft, the penalty is one degree lower than that for consummated theft. The penalty for consummated theft of the value involved (over P5 but not exceeding P50) is arresto mayor in its full extent. The penalty next lower is arresto menor. With the aggravating circumstance of recidivism compensated by the mitigating circumstance of a plea of guilty, the penalty should be imposed in its medium period (11 to 20 days). Thus, the eleven-day arresto menor penalty was lawful.
2. No, the declaration as a habitual delinquent was erroneous. While the accused pleaded guilty to the frustrated theft charge, this plea only admitted the facts alleged in the information. The information did not specify the dates of the accused’s prior convictions or the commission of those prior crimes, which are essential to prove habitual delinquency. Therefore, the additional penalty for habitual delinquency cannot be imposed.

The appealed judgment was affirmed regarding the principal penalty but reversed regarding the declaration as a habitual delinquent and the imposition of the additional penalty.

AI Generated by Armztrong.