GR L 11326; (April, 1958) (Digest)
G.R. No. L-11326; April 30, 1958
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VENANCIO MANANGCO, defendant-appellant.
FACTS
The accused, Venancio Manangco, was charged in the Court of First Instance of Manila with a violation of Commonwealth Act No. 303 in relation to Article 315 of the Revised Penal Code. He was found guilty and sentenced to an indeterminate imprisonment term, ordered to indemnify the complainants, and to pay costs. The case was appealed and certified to the Supreme Court. The facts established that on February 8, 1952, in Manila, appellant contracted several laborers to perform loading and unloading work for cement shipments in Mariveles, Bataan, for the Pan-Philippine Shipping Co. The laborers involved and their unpaid wages were: Mariano Belen (P68.21), Gaudencio Durante (P101.50), Diego Callejon (P128.21), Pablo Villanueva (P51.98), Marcelo Labar (P42.41), Pacifico Labar (P44.81), and Felipe Samaniego (P40.21). The work was completed on February 26, 1952, but despite repeated demands, appellant failed to pay the wages. The contract between appellant and Pan-Philippine Shipping Co. stipulated that appellant would provide all necessary laborers, the company would not be responsible for non-payment to laborers, and appellant must attend to all laborers. The company made payments on account for the cement shipments. Appellant admitted non-payment but contended he was erroneously prosecuted under Commonwealth Act No. 303 , arguing it had been repealed by Republic Act No. 602 (Minimum Wage Law).
ISSUE
Whether Commonwealth Act No. 303 was repealed by Republic Act No. 602 , and whether appellant’s non-payment of wages constitutes estafa under the applicable law.
RULING
The Supreme Court modified the decision. It held that appellant’s failure to pay wages within the specified period fell under both Commonwealth Act No. 303 and Republic Act No. 602 . Since a person cannot be prosecuted twice for the same act, the Court concluded that Republic Act No. 602 , at least concerning the issues involved, covers and repeals the provisions of Commonwealth Act No. 303 on that point. Although prosecuted under Commonwealth Act No. 303 , the information contained all elements of a violation of Section 15 of Republic Act No. 602 . The evidence established appellant’s guilt under Republic Act No. 602 . Therefore, the Court found appellant guilty of violating Section 10-(h) in connection with Section 15 of Republic Act No. 602 . He was sentenced to pay a fine of P1,000, indemnify the complainants in the total amount of P477.33, with subsidiary imprisonment in case of insolvency, and to pay costs.
