Scribd Logo
Upload

Welcome to Scribd!

  • 202 views

    People Vs Yu Hai PDF

    Uploaded by

    kaye caipang
    1) Yu Hai was accused of permitting a gambling game in violation of Article 195 of the RPC. 2) The lower court quashed the information, finding the offense was a light felony that prescribed after 2 months under Articles 90 and 9 of the RPC. 3) The Supreme Court affirmed, finding the offense was correctly considered a light felony as it was punishable by a fine not exceeding P200, and therefore prescribed after 2 months.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    People Vs Yu Hai PDF

    Uploaded by

    kaye caipang
    202 views12 pages
    1) Yu Hai was accused of permitting a gambling game in violation of Article 195 of the RPC. 2) The lower court quashed the information, finding the offense was a light felony that prescribed after 2 months under Articles 90 and 9 of the RPC. 3) The Supreme Court affirmed, finding the offense was correctly considered a light felony as it was punishable by a fine not exceeding P200, and therefore prescribed after 2 months.

    Original Title

    people-vs-yu-hai.pdf

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Yu Hai was accused of permitting a gambling game in violation of Article 195 of the RPC. 2) The lower court quashed the information, finding the offense was a light felony that prescribed after 2 months under Articles 90 and 9 of the RPC. 3) The Supreme Court affirmed, finding the offense was correctly considered a light felony as it was punishable by a fine not exceeding P200, and therefore prescribed after 2 months.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    202 views12 pages

    People Vs Yu Hai PDF

    Uploaded by

    kaye caipang
    1) Yu Hai was accused of permitting a gambling game in violation of Article 195 of the RPC. 2) The lower court quashed the information, finding the offense was a light felony that prescribed after 2 months under Articles 90 and 9 of the RPC. 3) The Supreme Court affirmed, finding the offense was correctly considered a light felony as it was punishable by a fine not exceeding P200, and therefore prescribed after 2 months.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 12

    People vs Yu Hai

    Facts

    • On October 22, 1954, Yu Hai was accused for violating Article 195, sub par 2 of the
    RPC, for having allegedly permitted the game of panchong or paikiu, a game of
    hazard, and having acted as maintainer thereof, in Caloocan on or about June
    1954.
    • The accused moved to quash the information contending that it charged more
    than one offense and that the criminal action or liability thereof had already been
    extinguished.
    • The Justice of the Peace of Court, on December 24, 1954, affirmed the motion to
    quash on the theory that the offense charged was a light offense under Article 90
    of RPC which prescribed in two months.
    • The sole issue is the period for prescription of the offense charged, punishable
    under Article 195 of the Revised Penal Code by arresto menor or a fine not
    exceeding P200.
    Two versions:
    Lower court vs Sol Gen
    crime charged is a light crime charged punishable
    felony under Art. 9 of RPC by a maximum fine of 200
    pesos – a correctional
    penalty under Art 26 RPC
    Issue

    Did the court err in considering the offense


    committed as a light felony?
    Legal Provisions
    Art 90 – Prescription of crimes

    • Those punishable by a correctional penalty shall prescribe in ten years;


    with the exception of those punishable by arresto mayor, which shall
    prescribe in six months.
    • Light offenses prescribe in two months
    Art 9: Grave, less grave and light felonies

    • Less grave felonies are those which the law punishes with penalties
    which in their period are correctional, in accordance with the above
    mentioned article.
    • Light felonies are those infraction of law for the commission of which
    the penalty of arresto mayor or a fine not exceeding 200 pesos or
    both, is provided
    Art 26: Fines, when afflictive, correctional, or light

    • A fine, whether imposed as a single or as an alternative penalty, shall


    be considered an afflictive penalty, if it exceeds 6,000 pesos; a
    correctional penalty, if it does not exceed 6,000 pesos but is not less
    than 200 pesos; and a light penalty if it be less than 20
    Ruling
    • Under Article 90, supra, "light offenses prescribe in two months".
    • The definition of "light offenses" is in turn to be found in Article 9,
    which classifies felonies into grave, less grave, and light, and defines
    "light felonies" as "those infraction of law for the commission of which
    the penalty of arresto mayor or a fine not exceeding 200 pesos or both
    is provided ".
    • The offense charged in punishable by arresto menor or a fine not
    exceeding 200 pesos (Article 195). Hence, it is a "light offense" under
    Article 9 and prescribes in two months under Article 90
    Ruling
    • Article 90 provides that light offense prescribe in two months, it does
    not define what is meant by "light offenses" , leaving it to Article 9 to
    fix its meaning. Article 26, on the other hand, has nothing to do with
    the definition of offenses, but merely classifies fine As the question at
    issue is the prescription of the crime and not the prescription of a
    penalty, Article 9 should prevail over Article 26.
    Ruling
    • Article 90 could not have intended that light offenses as defined by
    Article 9 would have two prescriptive periods — two months if they
    are penalized by arresto menor and/or a fine of less than P200. and
    ten years if penalized by a maximum fine of P200.
    Ruling
    • Finally, criminal statutes are to be strictly construed against the
    government and liberally in favor of the accused.
    • As it would be more favorable to the herein accused to apply the
    definition of "light felonies" under Article 9 in connection with the
    prescriptive period of the offense charged, being a light offense,
    prescribed in two months.
    • As it was allegedly committed on June 26, 1954 and the information
    filed only on October 22, 1954, the lower court correctly ruled that the
    crime in question has already prescribed

    You might also like