GR 45284; (December, 1936) (Digest)
G.R. No. 45284. December 29, 1936.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FRANCISCO DE LA CRUZ, ET AL., defendants. FRANCISCO DE LA CRUZ, appellant.
FACTS
The accused, Francisco de la Cruz and others, were charged with robbery with violence against or intimidation of persons under Article 294 of the Revised Penal Code. The information also alleged that Francisco de la Cruz was a habitual delinquent due to prior convictions. After initially pleading not guilty, the accused changed their plea to guilty during the trial after two prosecution witnesses had testified. The trial court convicted them and, considering Francisco de la Cruz a habitual delinquent, imposed the principal penalty for robbery plus an additional penalty for habitual delinquency. Francisco de la Cruz appealed the sentence.
ISSUE
1. Whether the allegations in the information were sufficient to consider Francisco de la Cruz a habitual delinquent.
2. Whether the plea of guilty made after the prosecution had started presenting evidence constitutes a mitigating circumstance.
RULING
1. No. The allegations in the information were insufficient to support a finding of habitual delinquency as required by prevailing jurisprudence (People vs. Venus). However, the facts alleged constituted the aggravating circumstance of recidivism.
2. No. A plea of guilty to be considered a mitigating circumstance under Article 13(7) of the Revised Penal Code must be spontaneous and made *prior to the presentation of evidence for the prosecution*. A plea made after the prosecution has begun presenting evidence does not demonstrate the repentance or respect for the law that the mitigating circumstance contemplates.
The Court modified the penalty. Eliminating the additional penalty for habitual delinquency, and considering the presence of the aggravating circumstance of recidivism with no mitigating circumstance, the Court applied the Indeterminate Sentence Law. Appellant Francisco de la Cruz was sentenced to an indeterminate penalty ranging from six months of arresto mayor (minimum) to six years, ten months, and one day of prision mayor (maximum). The appealed sentence was affirmed in all other respects.
AI Generated by Armztrong.