G.R. No. 46270 ; November 3, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLOS DE LA PEÑA Y LACSAMANA, defendant-appellant.

FACTS

Carlos de la Peña y Lacsamana was convicted of theft for stealing ten pairs of socks valued at P4.50 from the Toyo Bazar. He was sentenced by the lower courts to four months and one day of arresto mayor as the principal penalty and an additional penalty of ten years and one day of prision mayor for being a habitual delinquent. He appealed, arguing that the principal penalty was excessive and that the additional penalty for habitual delinquency was cruel and unusual.

ISSUE

1. Whether the principal penalty of four months and one day of arresto mayor is excessive.
2. Whether the additional penalty of ten years and one day of prision mayor for habitual delinquency is cruel and unusual.

RULING

1. On the principal penalty: The penalty is modified. The applicable penalty under Articles 308 and 309(6) of the Revised Penal Code is arresto mayor in its minimum and medium periods (one month and one day to four months). The maximum period is three months and one day to four months. As a recidivist (alleged fifth offense within ten years) with no valid mitigating circumstance (his plea of guilty in the Court of First Instance did not qualify as a mitigating circumstance because it was not made at the first opportunity before the competent court), the maximum period applies. However, the imposed penalty of four months and one day exceeded the legal maximum. Thus, it was reduced to exactly four months of arresto mayor.
2. On the additional penalty: The additional penalty for habitual delinquency under Article 62 of the Revised Penal Code is neither cruel nor unusual, as previously settled in jurisprudence (People vs. Madrano, People vs. Montera). The appeal on this ground was denied.

The appealed judgment was modified by reducing the principal penalty to four months of arresto mayor and affirmed in all other respects.

AI Generated by Armztrong.