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  • People Vs de Jesus Digest

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    Russell John Hipolito
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    The defendant Basilio de Jesus was convicted of theft and sentenced to one month and one day of arresto mayor. As a habitual delinquent, he was also given an additional penalty of two years, four months and one day of prisión correccional. On appeal, the defendant argued the trial court erred in computing his sentence. However, the court found no error, as recidivism was properly considered an aggravating circumstance, increasing the principal penalty. It also affirmed the additional penalty due to the defendant's history of previous theft convictions.

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    2. People vs de Jesus Digest

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    The defendant Basilio de Jesus was convicted of theft and sentenced to one month and one day of arresto mayor. As a habitual delinquent, he was also given an additional penalty of two years, four months and one day of prisión correccional. On appeal, the defendant argued the trial court erred in computing his sentence. However, the court found no error, as recidivism was properly considered an aggravating circumstance, increasing the principal penalty. It also affirmed the additional penalty due to the defendant's history of previous theft convictions.

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    © All Rights Reserved
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    39 views1 page

    People Vs de Jesus Digest

    Uploaded by

    Russell John Hipolito
    The defendant Basilio de Jesus was convicted of theft and sentenced to one month and one day of arresto mayor. As a habitual delinquent, he was also given an additional penalty of two years, four months and one day of prisión correccional. On appeal, the defendant argued the trial court erred in computing his sentence. However, the court found no error, as recidivism was properly considered an aggravating circumstance, increasing the principal penalty. It also affirmed the additional penalty due to the defendant's history of previous theft convictions.

    Copyright:

    © All Rights Reserved
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    of 1

    THE PEOPLE OF THE PHILIPPINE ISLANDS vs.

    BASILIO DE JESUS Y JAVIER,


    No. 45198
    October 31, 1936
    DIAZ, J.:

    FACTS:

    Basilio de Jesus was convicted by the Court of First Instance of Manila in criminal case No. 52270
    of the theft of an umbrella and a buri hat Francisco Liwanag valued at P2.65. He was sentenced to one
    month and one day of arresto mayor with the accessory penalties, to indemnify Francisco Liwanag in the
    sum of P2.50. Being a habitual delinquent habitual additional penalty of two years, four months and one
    day of prisión correccional with the corresponding accessory penalties was also imposed. The sentence
    was appealed by the appellant to be reviewed.

    ISSUE:

    Whether or not the trial court erred in the computation of sentence.

    RULING:

    No, recidivism was appreciated as an aggravating circumstance, so the principal penalty was
    increased. The question for the attachment of the additional penalty was for the previous theft
    convictions by the appellant which is admitted in the information.

    The principal penalty of the appellant was raised to two months and one day of arresto mayor.
    The additional penalty was affirmed.

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