Supreme Court decision · Criminal Law

People of the Philippine Islands v. Adolfo Abaya

G. R. No. 39621 · Promulgated May 23, 1934

In brief

This case is about the affirmation of a criminal penalty with modification of the sentence and elimination of additional penalties.

Indeterminate Penalty, Arresto Mayor, Prision Correccional, Appeal, Costs

Related cases

Full text

[ G. R. No. 39621, May 23, 1934 ]

THE PEOPLE OF THE PHILIPPINE ISLANDS , PLAINTIFF AND APPELLEE, VS. ADOLFO ABAYA, DEFENDANT AND APPELLANT.

D E C I S I O N

J. STEVENS-ACTING CLERK OF COURT

This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________7th________day of ________May________, A. D. nineteen hundred and _________thirty-four________;

By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of ___________Iloilo________, dated the __________31st__________ day of __________March____________, nineteen hundred and ___________thirty-three____________, and from which the above-entitled appeal was taken, be, and the same is hereby, affirmed with the sole modification that the defendant-appellant Adolfo Abaya is sentenced to suffer an indeterminate penalty of from 4 months of arresto mayor to one year, 8 months and 1 day of prision correccional, and the elimination of additional penalty, with costs against the appellant. The costs amount to P24.00 for the collection of which the trial Judge shall proceed by summary proceedings.

It is further ordered that the said cause be remanded to the Court of First Instance.