Petitioner
People
Respondent
Enrico Esturis y Salvador
Citation
G.R. No. 45406
Court
Supreme Court
Division
First Division
Ponente
Diaz, J.
Decided
March 11, 1937

Summary

This 1937 Supreme Court case involved Pedro Nolasco y Rubio's appeal of his conviction for attempted trespass to dwelling. Nolasco had voluntarily confessed his guilt before the Court of First Instance of Manila, which sentenced him to one month arresto menor and P200 fine. On appeal, his de oficio counsel offered no defense, while the Solicitor-General recommended increasing the penalty. However, the Supreme Court reduced the penalty, recognizing that the voluntary confession constituted a mitigating circumstance under the Revised Penal Code. The Court applied the proper penalty computation under Articles 280, 51, 64, and 71, reducing the sentence to 10 days arresto menor and P150 fine with subsidiary imprisonment. The case demonstrates the application of mitigating circumstances in criminal sentencing and the Supreme Court's role in ensuring proper penalty computation under the Revised Penal Code.

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By the Intellegal Editorial Board · March 11, 1937

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