G.R. No. 46610 ; July 17, 1939
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBINA MONTOYA Y DE JESUS (alias ALBINA M. RAMOS, alias AVELINA), defendant-appellant.

FACTS

The accused, Albina Montoya y de Jesus, was charged with the crime of estafa under Article 315, subsection 3 of the Revised Penal Code for misappropriating 200 pieces of garments belonging to Alie Akrass, which she had received to sew and was obligated to return. The information expressly alleged that she was a recidivist, having been previously convicted in four cases of estafa in 1935 and 1936. The accused pleaded guilty to the charge.

ISSUE

Whether the accused, by pleading guilty to the information, also admitted the allegation of recidivism as an aggravating circumstance.

RULING

Yes. By voluntarily pleading guilty, the accused admitted not only the commission of the crime charged but also the allegation of recidivism contained in the information. The defense’s contention that the accused did not admit recidivism and that the allegation was insufficient to establish habitual delinquency was without merit, as the information alleged prior convictions as an aggravating circumstance, not habitual delinquency. The Court modified the penalty imposed by the trial court. Applying the Indeterminate Sentence Law ( Act No. 4103 ), and considering the mitigating circumstance of a plea of guilty and the aggravating circumstance of recidivism which offset each other, the accused was sentenced to an indeterminate penalty of two months and one day of arresto mayor to one year and one day of prision correccional, with accessory penalties, and affirmed the order to indemnify the offended party.