GR 45346; (January, 1937) (Digest)
G.R. No. L-45346; January 30, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ENGRACIA SILVERIO (alias ENGRACIA DE SANTOS, ENGRACIA SANTOS), defendant-appellant.
FACTS
The defendant-appellant, Engracia Silverio, pleaded guilty to an information charging her with the crime of estafa for misappropriating the sum of P205. The Court of First Instance of Manila sentenced her to six months and one day of prision correccional, indemnification, and payment of costs.
ISSUE
Whether the trial court erred in not properly appreciating the mitigating circumstance of a plea of guilty in the imposition of the penalty.
RULING
No, the trial court did not err. The Supreme Court affirmed the judgment. The penalty for the offense under Article 315, case 3 of the Revised Penal Code is arresto mayor in its maximum period to prision correccional in its minimum period. With the mitigating circumstance of a plea of guilty, the penalty should be imposed in its minimum period (four months and one day of arresto mayor to one year of prision correccional). The penalty imposed by the trial court (six months and one day of prision correccional) is within this allowable range and was within the court’s sound discretion.
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