19 People V Sanares GR No. L43499 (Libunao)

8/23/2019 G.R. No. L-43499 - PEOPLE OF THE PHIL. vs. ISIDRO C.
SANARE
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EN BANC
G.R. No. L-43499 January 11, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS,

Plaintiff-Appellee, vs. ISIDRO SANARES Y
CAERNE, Defendant-Appellant.
E.M. Banzali for appellant.

Office of the Solicitor-General Hilado for
appellee.
www.chanrobles.com/scdecisions/jurisprudence1936/jan1936/gr_l-43499_1936.php 1/4
8/23/2019 G.R. No. L-43499 - PEOPLE OF THE PHIL. vs. ISIDRO C. SANARE
RECTO, J.: chanrobles virtual law library
Isidoro Sanares y Caerne was charged in the

Court of First Instance of Manila under the
following information.
That on or about March 1, 1927, the

said accused having been granted by
His Excellency, the Governor-General,
a conditional pardon remitting the
unexecuted portion of the sentence of
imprisonment of six years and one
imposed upon him in criminal case No.
4508 of the Court of First Instance of
Cavite, for the crime of theft, which he
began to serve on July 9, 1924, and
having been released from Bilibid
Prison on March 1, 1927, upon
accepting the condition of such pardon,
to wit: that he shall not again violate
any of the penal laws of the Philippine
Islands; on or about February 5, 1935,
in the City of Manila, Philippine Islands,
the said accused willfully, unlawfully
and feloniously violated the condition
of such pardon by then and there
committing the crime of estafa for
which he was finally sentenced to
suffer three months and eleven days of
imprisonment, and to pay P50
indemnify, imposed upon him by the
municipal court of the City of Manila in
Criminal case No. H-26727.
Upon arraignment, the accused pleaded guilty

and the court forthwith ordered his
recommitment for the unexpired portion of his
former sentence. The accused appealed from this
judgment and prays that he be acquitted or that
the penalty be reduced. No reason, alleged or
extant in the record, appears in support of the
first prayer, for the violation of the new is
conceded, and the accused has pleaded guilty
thereto. As to the modification of the judgment
and the reduction of the penalty, we believe that
the point is well taken, as the trial court
erroneously applied section 4 of Act No. 1524,
which has been expressly repealed by the
Revised Penal Code. chanroblesvirtualawlibrary chanrobles virtual law library
The record shows that the conditional pardon

whose conditions were violated by the accused
referred to a penalty of six years and one day of
prision, of which two years, five months and
twenty-two days had been served by the
accused. The penalty remitted by the pardon
was, therefore, three years, seven months and
eight days. These facts appear in the information
the material allegations of which have been
admitted by the accused by virtue of' his plea of
guilty (U.S. vs. Burlado, 42 Phil., 72; U.S vs.
Barba, 29 Phil., 206; People vs. Cabral, G.R. No.
39200 [58 Phil., 930]). chanroblesvirtualawlibrary chanrobles virtual law library
Article 159 of the Revised Penal Code provides
that the penalty of prision correccional in its
minimum period shall be imposed upon the
convict who, having been granted conditional
pardon by the Chief Executive, shall violate any
of the conditions of such pardon. However, if the
Penalty remitted by the granting of such pardon
be higher than six years, the convict shall then
suffer the unexpired portion of his original
sentence." chanrobles virtual law library
The second part of the article just quoted is

inapplicable to the case at bar because the
unexpired portion of the penalty remitted by
reason of the condition pardon granted the
accused does not exceed six years. The first part
thereof, which imposes the penalty or prision
correccional in its minimum period upon the
convict who, having been granted conditional
pardon, shall violated any of its conditions, is,
therefore, applicable. The duration of this
penalty is from six months and one day to two
years and four months. Inasmuch as the
mitigating circumstance of having pleaded guilty
should be considered in favor of the accused,
and there being no aggravating circumstance,
the penalty should be imposed in its minimum
period which ranges from six months and one
day to one year, one month and ten days of
prision correccional. The benefits afforded by the
Indeterminate Sentence Law are not applicable
to the accused, by express provision thereof. chanroblesvirtualawlibrary chanrobles virtual
law library
Wherefore, modifying the appealed judgment,

we are of the opinion that we should, as we
hereby sentenced the appellant to eight months
of prision correccional, with costs.
Avance�a, C.J., Abad Santos, Hull, and Vickers,

JJ., concur.
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8/23/2019 G.R. No. L-43499 - PEOPLE OF THE PHIL. vs. ISIDRO C.

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G.R. No. L-43499 January 11, 1936

THE PEOPLE OF THE PHILIPPINE ISLANDS,

E.M. Banzali for appellant.

Isidoro Sanares y Caerne was charged in the

That on or about March 1, 1927, the

Upon arraignment, the accused pleaded guilty

The record shows that the conditional pardon

The second part of the article just quoted is

Wherefore, modifying the appealed judgment,

Avance�a, C.J., Abad Santos, Hull, and Vickers,

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