GR L 2451; (February, 1906) (Digest)
G.R. No. L-2451
FACTS:
Leon Lineses was convicted by the trial court of the crime of conspiracy as defined and penalized under Section 4 of Act No. 292 of the Philippine Commission. He was sentenced to two years’ imprisonment, a fine of $1,000, and subsidiary imprisonment in case of insolvency, plus costs.
ISSUE:
Whether the trial court erred in imposing subsidiary imprisonment in case of the accused’s insolvency and failure to pay the imposed fine.
RULING:
The Supreme Court affirmed the conviction, finding the evidence sufficient and the proceedings free from prejudicial error, except for the imposition of subsidiary imprisonment. The Court held that Act No. 292 does not authorize the imposition of subsidiary imprisonment for non-payment of the fine. Therefore, that specific portion of the sentence was reversed. The rest of the judgment, including the prison term and fine, was affirmed. Costs were taxed against the appellant.
