G.R. No. L-21735; January 30, 1965
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE IGNACIO Y SANTOS, defendant-appellant.

FACTS

An information for the complex crime of estafa thru falsification of a commercial document (a Philippine National Bank Check for P4,608.62) was filed against Jose Ignacio y Santos. Upon arraignment, he pleaded guilty. The Court of First Instance of Manila sentenced him to an indeterminate penalty of one (1) year, eight (8) months and one (1) day of prision correccional, as minimum, to four (4) years, nine (9) months and eleven (11) days of prision correccional, as maximum; to indemnify the Philippine National Bank; and to pay a fine of P3,000.00. The accused appealed, contesting the penalty imposed.

ISSUE

Whether the trial court correctly applied the Indeterminate Sentence Law in fixing the minimum term of the indeterminate sentence, specifically regarding the consideration of the mitigating circumstance of plea of guilty.

RULING

Yes, the trial court’s judgment is affirmed. The penalty for the complex crime of estafa thru falsification of a commercial document is that for falsification of a commercial document (prision correccional in its medium and maximum periods and a fine), to be applied in its maximum period. For purposes of the Indeterminate Sentence Law, the penalty next lower to this basic penalty is arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months). The minimum term set by the trial court (1 year, 8 months and 1 day) is within this range. The court correctly considered the mitigating circumstance of plea of guilty only in fixing the maximum term of the sentence, not the minimum term, following the precedent in People vs. Mape. The fine of P3,000.00 is also within the statutory limit.