GR L 9056; (February, 1914) (Digest)
G.R. No. L-9056; February 12, 1914
THE UNITED STATES, plaintiff-appellee, vs. GUY ANGCO, defendant-appellant.
FACTS:
The defendant, Guy Angco, was charged with violating the Opium Law. During his trial in the Court of First Instance of Isabela on March 7, 1913, two prosecution witnesses testified to the facts alleged in the information. A certified copy of a prior judgment convicting Angco of the same offense was admitted into evidence. The following day, Angco requested to change his plea from “not guilty” to “guilty” and asked to be deported to China, admitting this was his third conviction for the same offense. The trial court sentenced him to one year and one day imprisonment in Bilibid Prison, deportation from the Philippine Islands, and payment of costs.
ISSUE:
Whether the trial court erred in imposing a prison term prior to deportation.
RULING:
The Supreme Court modified the trial court’s judgment. It agreed with the Attorney-General’s recommendation that imposing a prison term before deportation unnecessarily burdened the Government with the expense of maintaining and providing medical care for the appellant. The Court also noted the appellant’s own request for deportation. Accordingly, the prison sentence was set aside, and the appellant was ordered deported forthwith. No costs were awarded in this instance.
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