G.R. No. 48337 , December 15, 1941
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. ALFREDO REYES, defendant-appellant.

FACTS

Alfredo Reyes was accused of the complex crime of attempted estafa through falsification of a commercial document. He pleaded guilty and was convicted by the Court of First Instance of Manila. He was sentenced to suffer an indeterminate penalty of 2 years, 11 months, and 11 days to 5 years, 4 months, and 21 days of prision correccional, to pay a fine of P153.34 with corresponding subsidiary imprisonment in case of insolvency, and to pay the costs. Despite his confession, Reyes appealed the sentence, alleging that the complaint filed against him was vague and unintelligible, and that the penalty imposed was not in accordance with law.

ISSUE

1. Whether the complaint was vague and unintelligible.
2. Whether the penalty imposed was correct.

RULING

1. On the complaint: The Court found the complaint to be sufficiently clear and intelligible. The appellant himself understood it when required to answer it, and he raised no objection to the copy furnished to him, either after receiving it or before entering his plea.
2. On the penalty: The complex crime committed (attempted estafa through falsification of a commercial document) is governed by Article 48 of the Revised Penal Code, which imposes the maximum period of the penalty prescribed for the more serious offense. The more serious offense here is the falsification of the check (a commercial document), punishable under Article 172 with prision correccional in its medium and maximum periods and a fine not exceeding P5,000. The crime of consummated estafa involving P153.34 is punishable only by arresto mayor in its medium and maximum periods under Article 315, case 4, and the attempt thereof is punishable by a penalty two degrees lower.
– The maximum period of prision correccional in its medium and maximum periods is from 4 years, 9 months, and 11 days to 6 years, whose maximum degree is from 5 years, 7 months, and 7 days to 6 years.
– Granting the appellant the mitigating circumstance of plea of guilty, the maximum of the penalty imposable under the Indeterminate Sentence Law is no more than 5 years and 8 months, and no less than 3 years, 6 months, and 21 days, as established in prior jurisprudence (People vs. Co Pao, People vs. Gayrama, People vs. Haloot, People vs. Cirera).
DISPOSITIVE:
The appealed sentence was modified. Appellant Alfredo Reyes is sentenced to suffer an indeterminate penalty of 3 years, 6 months, and 21 days to 5 years and 8 months of prision correccional. The rest of the sentence is affirmed, with costs against the appellant in both instances.