- Petitioner
- People
- Respondent
- Ignacio
- Citation
- G.R. No. L-21735
- Court
- Supreme Court
- Decided
- January 30, 1965
Proper application of Indeterminate Sentence Law for complex crime of estafa through falsification of commercial document
Summary
Jose Ignacio y Santos was prosecuted for estafa through falsification of a PNB check worth P4,608.62. He pleaded guilty and was sentenced by the Court of First Instance of Manila to an indeterminate sentence of 1 year, 8 months and 1 day to 4 years, 9 months and 11 days imprisonment, plus indemnity and fine. On appeal, the Supreme Court affirmed the judgment, ruling that the trial court properly applied the Indeterminate Sentence Law. The Court held that for the complex crime, the penalty for falsification of commercial document should be applied in its maximum period, and the minimum sentence was correctly set within the prescribed range. The mitigating circumstance of guilty plea was properly considered only for the maximum term, not the minimum term determination.
Focus of dispute
Proper application of Indeterminate Sentence Law for complex crime of estafa through falsification of commercial document
Legal facts
Jose Ignacio y Santos was charged with estafa through falsification of a Philippine National Bank check worth P4,608.62. Information filed December 29, 1961. When arraigned on August 31, 1962, accused pleaded guilty. Court of First Instance of Manila sentenced him to 1 year, 8 months and 1 day to 4 years, 9 months and 11 days of prision correccional, plus P4,608.62 indemnity to PNB, P3,000 fine, and costs. Accused filed motion for reconsideration which was denied, then appealed.
Judgement and reasoning
Court of Appeals: Certified case to Supreme Court by resolution of July 25, 1963, determining that the only question for determination is one of law.
Court of First Instance of Manila: Sentenced accused to 1 year, 8 months and 1 day of prision correccional as minimum, to 4 years, 9 months and 11 days of prision correccional as maximum; indemnify PNB P4,608.62; pay P3,000 fine with subsidiary imprisonment in case of insolvency; and costs. Motion for reconsideration was denied.
Supreme Court: Affirmed the judgment. Held that the minimum sentence was properly within the range prescribed by Indeterminate Sentence Law (4 months and 1 day to 2 years and 4 months). Court correctly applied penalty for falsification of commercial document in maximum period for the complex crime. Mitigating circumstance of guilty plea was properly considered for maximum term but not for minimum term determination. Fine of P3,000 was proper under Article 172 of Revised Penal Code.