GR 45749; (January, 1938) (Digest)
G.R. No. 45749 ; January 29, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. ARSENIO MESIAS Y REGALA (alias Arsenio Osias), defendant-appellee.
FACTS
The accused was charged with robbery for entering a warehouse and stealing seven sacks of rice. Before arraignment, he filed a motion to dismiss the information, contending that rice is a “cereal” under the English text of Article 303 of the Revised Penal Code, which would impose a lighter penalty and place jurisdiction with the municipal court. The prosecution objected, arguing that “hulled rice” (arroz) is not within the meaning of the Spanish term “semilla alimenticia” (food seed) used in the same article. The trial court sustained the motion to dismiss and ordered the filing of the information in the municipal court. The prosecution appealed.
ISSUE
Whether hulled rice (arroz) qualifies as “semilla alimenticia” (food seed) under Article 303 of the Revised Penal Code, thereby affecting the penalty and jurisdiction of the court.
RULING
No. The Supreme Court reversed the trial court’s order. The Spanish text of the Revised Penal Code prevails in case of interpretive doubt. The term “semilla alimenticia” refers to the immediate and natural product of the soil, such as a seed or grain capable of germination (e.g., palay or unhulled rice). Hulled rice (arroz) is not a “seedling” but a product obtained from unhulled rice through labor and processing. Therefore, the stolen hulled rice does not fall under Article 303. The applicable penalty is under the second to the last paragraph of Article 302, which prescribes a heavier penalty and places jurisdiction with the Court of First Instance. The case was remanded for trial.
AI Generated by Armztrong.