G.R. No. L‑2757
December 20 1906

FACTS
Chan Lim Alan was convicted of robbery and sentenced to two years, eleven months and eleven days’ prision correccional, ordered to pay trial costs, and to restore the stolen property or pay the owner ₱205, with subsidiary imprisonment if insolvent. The trial record showed that the stolen property’s value was actually ₱200. Allegations of prosecutorial malice and possible conspiracy were noted, but the trial court found the witnesses credible.

ISSUE
1. Whether the term “prision correccional” correctly applies under the Penal Code, which prescribes “presidio correccional.”
2. Whether the restitution amount should be adjusted from ₱205 to the proven value of ₱200.

RULING
The Court held that the correct penalty term is “presidio correccional.” It also affirmed that the restitution amount must reflect the proven loss of ₱200. Accordingly, the sentence was modified to the proper term and amount, and the modified judgment was affirmed. The judgment was to be entered after ten days, and the record remanded to the lower court for appropriate action. (Concurrence: Arellano, C.J., and Justices Torres, Mapa, Willard, Tracey.)