G.R. No. 45703 ; November 29, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR BERNARDO Y FLORES, defendant-appellant.

FACTS

The defendant-appellant, Salvador Bernardo y Flores, was charged with the crime of robbery in an inhabited house, without arms. He pleaded guilty to the charge. The information alleged the aggravating circumstances of recidivism and nighttime, which were not denied by the appellant. The value of the property taken was P109.97. The trial court convicted him and imposed an indeterminate penalty.

ISSUE

Whether the trial court correctly imposed the penalty on the appellant, considering his plea of guilty and the presence of aggravating circumstances.

RULING

The Supreme Court modified the penalty imposed. The crime is defined and punished under Article 299, paragraph (a), subsection 2 of the Revised Penal Code, for robbery in an inhabited house without arms, where the value of the property taken does not exceed P250, and entry was effected by forcing open locks. The prescribed penalty is prision correccional in its medium period. The two aggravating circumstances of recidivism and nighttime, which were alleged and not denied, were properly taken into consideration against the appellant. His plea of guilty was insufficient to offset these aggravating circumstances. Applying the Indeterminate Sentence Law, the Court imposed an indeterminate penalty of from six months and one day to three years, six months and twenty-one days of prision correccional. The judgment was affirmed in all other respects.

AI Generated by Armztrong.