Supreme Court decision · Criminal Law

United States v. Ibrado

G.R. No. 1741 · Promulgated March 25, 1905 · Ponente: Carson

In brief

This case is about affirming the guilt of the accused with modification to the sentence to remove subsidiary imprisonment for unpaid costs, as not provided by the Penal Code.

Subsidiary Imprisonment, Penal Code, Sentence Modification, Trial Court Findings, Guilt Beyond Reasonable Doubt

Related cases

G.R. No. 1461 United States v. Wilson (Previous decision in Criminal Law)
G.R. No. 1987 United States v. Mañaul (Next decision in Criminal Law)

Full text

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1741 March 25, 1905

THE UNITED STATES, complainant-appellee,
vs. CEFERINO IBRADO, ET AL, defendants-appellants.

Juan Sumulong for appellants. Office of the Solicitor-General Araneta for appellee.

CARSON, J.:

The evidence in this case fully sustains the findings of the trial court and establishes the guilt of the accused beyond a reasonable doubt, and we find no error in the proceedings prejudicial to the rights of the accused, except that in the sentence imposed it is ordered that in case of insolvency the accused should suffer subsidiary imprisonment at the rate of 12 ½ pesetas a day on account of unpaid costs.

There is no provision in the Penal Code for the imposition of subsidiary imprisonment on account of on payment of costs, and the sentence should therefore be modified so as to omit said provisions, and thus modified it should be affirmed. So ordered.

Arellano, C.J., Torres, Mapa and Johnson, JJ., concur.