US vs.

Divino, 12 Phil 175 responsibility, although his ignorance may be considered as a

mitigating circumstance.
Facts: Feliciano Divino should be, and he is hereby, sentenced for simple
This cause was brought against Feliciano Divino for the crime of imprudence
lesiones graves, and appealed by him to this court from a judgment
of the Court of First Instance of Davao, Moro Province

A girl named Alfonsa, about 13 years of age when the incident

happened, was a servant for Feliciano Divino and his family. Her feet
were the focus in this case because it is said that Feliciano Divino
burned her feet, in a very unorthodox and harmful way in a sense,
by setting her feet on fire after applying petroleum to it and tying her
down to the floor. He argued in the court that when Alfonsa came to
their home, her body was full of scars and ulcers, and that the ulcer
in her body was cured, through his efforts.

Issue: Whether Feliciano Divino can be acquitted because he argued

that he acted in good faith and did not mean any harm to the girl,
except to help her get cured.

Held: The expert testimony offered by the prosecution should be

carefully noted — the burns are supposed to have been caused two
years previously — on account of a large ulcer that she had on the
left foot, in a place that showed an old scar; according to the court's
remark on folio 109, said left foot was the most deformed."
Medical arguments were brought in the light of the decision and that
a doctor clearly identified that the scars on Alfonsa’s feet were
indeed because of burns and that the wounds became worse on
account of Feliciano’s efforts to cure them. Certainly it was found
certain that the acts of the guilty person do not seem to have been
intended to cause an evil, but rather as a remedy. However, article
568 or the Penal Code clearly states that a person that undertakes
medical assistance to another person is liable for any injuries
resulting from such treatment, and the fact that he acted in good
faith and according to the best of his ability does not relieve him from
PEOPLE V. NANQUIL-- 43 Phil 232
Ratio:
Facts: Nanquil had no intention to commit so serious an evil as that which
Juan Rosas’ cart and carabao disappeared, he requested the resulted, the crime committed by him cannot be that of homicide
assistance of the Constabulary to recover them and find the suspect. through reckless imprudence, because he did have the intention to
A sergeant and two soldiers were commissioned to investigate. do some evil unlawfully (maltreating the deceased), and this
During the investigation, they called Severino Ramiscal, and one of intention, although it was not that of killing, is inconsistent with
them, surnamed Masiglat, examined Ramiscal. He did not obtain any reckless imprudence.
clear information from Ramiscal so he turned him over to the other
soldier, Antancio Nanquil for further examination. Sergeant who
commanded that patrol was feeling ill so he remained in ahouse in a
neighborhood. As Atanasio Nanquil examined Ramiscal on a road,
Masiglat was 20 brazas from them. All of a sudden, Masiglat heard a
blow and saw Ramsical fall to the ground. Nanquil struck him with
his gun which consequently killed Ramiscal. Atansio Nanquil was
prosecuted for the crime of homicide and sentence by the trial court
to fourteen years, eight months and one day of reclusion temporal.
The defendant appealed.
CA- affirmed

Issue:
W/N Nanquil should be charged with homicide through reckless
imprudence.

Held:
No. The court finds a mitigating circumstance of the accused not
having had the intention to cause the death of the deceased. For this
reason the penalty of reclusion temporal must be imposed in its
minimum degree. The judgment appealed from is modified, and the
appellant sentenced to twelve years and one day of reclusion
temporal, to the accessory penalties provided by article 59 of the
Penal Code, to indemnify the heirs of Severino Ramiscal in the
amount of one thousand pesos (P1,000), and to pay the costs of both
instances.
People vs. Taneo March 31, 1933 (58 Phil 255) US. Vs. Catangay 28 Phil 490 Nov.25, 1914
Facts: Facts:
Three men were hunting deer at night. One of them carried a lantern
On January 16, 1932, in the house of PotencianoTaneo’s parents in fastened to his forehead. His other companions followed him. Then
Dolores, Ormoc, Leyte, because of severe stomachache, Potenciano they saw a deer. The accused, whose gun was already cocked aimed
slept early. While sleeping, he suddenly got up, left the room with a at the deer but he stumbled against an embankment which lay
bolo in hand and upon meeting his wife who tried stop him, he between him and the deceased. His gun was accidentally discharged,
wounded her int eh abdomen. Several others were also attacked, hitting and killing the deceased. The RTC ruled convicting the
this includes his father, and his guests, Fred Tanner and Luis Malinao. accused with homicide through reckless negligence, because he did
It was claimed that he was dreaming when the crime happened. The not take necessary precaution.
trial court found Potenciano guilty of parricide and was sentenced to
reclusion perpetua. Issue:
Issue: Whether or not there was negligence resulting with homicide.
WON the defendant is criminally liable.
Ruling:
Ruling: No. The Court held that Catangay was not criminally liable because
No. The defendant acted while in a dream and his acts with which he he had no criminal intent and was not negligent. He was going for
was charged were not voluntary in the sense of entailing criminal along with his eyes fixed on the deer, the embankment attributed
liability. The expert witness claimed that the defendant was under to what was an unforeseen and unfortunate accident for which
the influence of hallucination and not in his right mind. The defendant cannot be held liable. Accused was acquitted.
defendant is not criminally liable however, he was ordered to be
confined in an insane asylum.
QUINTO VS. ANDRES Ruling:

Facts: Every person criminally liable for a felony is also civilly liable.

At around 7:30 a.m. on November 13, 1995, eleven-year-old Edison a person committing a felony is criminally liable for all the natural and
Garcia, a Grade 4 elementary school pupil, and his playmate, Wilson logical consequences resulting therefrom although the wrongful act
Quinto, who was also about eleven years old, were at Barangay San done be different from that which he intended.
Rafael, Tarlac, Tarlac. They saw respondents Dante The felony committed must be the proximate cause of the resulting
Andres and Randyver Pacheco by the mouth of a drainage injury.
culvert. Andres and Pacheco invited Wilson to go fishing with them If a person inflicts a wound with a deadly weapon in such a manner as
inside the drainage culvert.Wilson assented. When Garcia saw that it to put life in jeopardy and death follows as a consequence of their
was dark inside, he opted to remain seated in a... grassy area about felonious act, it does not alter its nature or diminish its criminality to
two meters from the entrance of the drainage system. prove that other causes cooperated in producing the factual...
Respondent Pacheco had a flashlight. He, along with respondent result. The offender is criminally liable for the death of the victim if his
Andres and Wilson, entered the drainage system which was covered delictual act caused, accelerated or contributed to the death of the
by concrete culvert about a meter high and a meter wide, with water victim.
about a foot deep.After a while, respondent In the present case, the respondents were charged with homicide by
Pacheco, who was holding a fish, came out of the drainage system and dolo.
left without saying a word. Respondent Andres also came out, went In the present case, we rule that, as held by the trial court and the CA,
back inside, and emerged again, this time, carrying Wilson who was the prosecution failed to adduce preponderant evidence to prove the
already dead. Respondent Andres laid the... boy's lifeless body down facts on which the civil liability of the respondents rest, i.e., that the
in the grassy area. Shocked at the sudden turn of events, Garcia fled petitioner has a cause of action against the... respondents for
from the scene. For his part, respondent Andres went to the house of damages.
petitioner Melba Quinto, Wilson's mother, and informed her that...
her son had died. Melba Quinto rushed to the drainage culvert while He presented two possibilities: (a)... that the deceased could have
respondent Andres followed her. been hit by a blunt object or instrument applied with full force; or (b)
the deceased could have slipped, fell hard and his head hit a hard
CAUSE OF DEATH: Asphyxia by drowning; traumatic head injuries, object:
contributory.
The trial court gave credence to the testimony of Dr. Aguda that the
Issues: deceased might have slipped, causing the latter to fall hard and hit his
WHETHER OR NOT THE EXTINCTION OF RESPONDENTS' CRIMINAL head on the pavement,... However, the absence of any ill-motive to kill
LIABILITY, LIKEWISE, CARRIES WITH IT THE EXTINCTION OF THEIR CIVIL the deceased is relevant and admissible in evidence to prove that no
LIABILITY. violence was perpetrated on... the person of the deceased. In this
case, the petitioner failed to adduce proof of any ill-motive on the part
WHETHER OR NOT PREPONDERANT EVIDENCE EXISTS TO HOLD of either respondent to kill the deceased before or after the latter was
RESPONDENTS CIVILLY LIABLE FOR THE DEATH OF WILSON QUINTO.
invited to join them in fishing. Indeed, the petitioner testified that Sulpicio Intod vs. CA G.R. 103119 October 21,
respondent
1992
Andres used to go to their house and play with her son before the
latter's death. Facts:
Principles: Sulpicio Intod, Jorge Pangasian, Santos Tubio and Avelino Daligdig went to
Salvador Mandaya's house and asked him to go with them to the house of
The prime purpose of the criminal action is to punish the offender in Bernardina Palangpangan. Thereafter, they had a meeting with Aniceto
order to deter him and others from committing the same or similar Dumalagan who told Mandaya that he wanted Palangpangan to be killed
offense, to isolate him from society, to reform and rehabilitate him or, because of a land dispute between them and that Mandaya should
in general, to maintain social order. accompany them. Otherwise, he would also be killed.
All of them armed arrived at Palangpangan's house and fired at
The... sole purpose of the civil action is the restitution, reparation or Palangpangan's bedroom but there was no one in the room. The Trial Court
indemnification of the private offended party for the damage or injury convicted Intod of attempted murder based on the testimony of the witness.
he sustained by reason of the delictual or felonious act of the accused
Issue:
Natural" refers to an occurrence in the ordinary... course of human life Whether or not Intod is guilty attempted murder since it is an impossible
or events... logical" means that there is a rational connection between crime under Art. 4 par. 2.
the act of the accused and the resulting injury or damage
Ruling: Yes. The court held that the accused is guilty of impossible crime.
Proximate cause is that cause which... in natural and continuous
sequence, unbroken by an efficient intervening cause, produces the Art. 4 par. 2 provides that criminal liability is incurred by any person
injury, and without which the result would not have occurred. performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account
There must be a relation of "cause and effect," the cause being the of the employment of inadequate or ineffectual means.
felonious act of the offender, the effect being the resultant injuries Petitioner contends that, Palangpangan's absence from her room on the
and/or death of the victim. night he and his companions riddled it with bullets made the crime inherently
impossible. Legal impossibility occurs where the intended acts, even if
completed, would not amount to a crime.
Valenzuela v. People, GR No. 160188 owner; and (5) that the taking be accomplished without the use of
Subject Matter: Applications of the provisions of Article 6 of the violence against or intimidating of persons or force upon things. The
Revised Penal Code; Stages of theft court held that theft is produced when there is deprivation of
personal property by one with intent to gain. Thus, it is immaterial
Facts: that the offender is able or unable to freely dispose the property
stolen since he has already committed all the acts of execution and
While a security guard was manning his post the open parking area the deprivation from the owner has already ensued from such acts.
of a supermarket, he saw the accused, Aristotel Valenzuela, hauling Therefore, theft cannot have a frustrated stage, and can only be
a push cart loaded with cases of detergent and unloaded them attempted or consummated.
where his co-accused, Jovy Calderon, was waiting. Valenzuela then
returned inside the supermarket, and later emerged with more
cartons of detergent. Thereafter, Valenzuela hailed a taxi and started
loading the boxes of detergent inside. As the taxi was about to leave
the security guard asked Valenzuela for the receipt of the
merchandise. The accused reacted by fleeing on foot, but were
subsequently apprehended at the scene. The trial court convicted
both Valenzuela and Calderon of the crime of consummated theft.
Valenzuela appealed before the Court of Appeals, arguing that he
should only be convicted of frustrated theft since he was not able to
freely dispose of the articles stolen. The CA affirmed the trial court’s
decision, thus the Petition for Review was filed before the Supreme
Court.

Issue:

Whether or not petitioner Valenzuela is guilty of frustrated theft.

Held:

No. Article 6 of the RPC provides that a felony is consummated when

all the elements necessary for its execution and accomplishment are
present. In the crime of theft, the following elements should be
present – (1) that there be taking of personal property; (2) that said
property belongs to another; (3) that the taking be done with intent
to gain; (4) that the taking be done without the consent of the
PEOPLE OF THE PHILIPPINES vs. JOSE of sentiments, the court will be justified in concluding that said
defendants were engaged in a conspiracy. When conspiracy has been
GERONIMO and ROMEO GERONIMO, Ponente: proven, all conspirators are liable as co-principals for the wrongful act
Esguerra, J. and its consequences

Facts:
Enrico- pleaded guilty – hacked fermin w/ bolo Issues:
Jose- hacked with bolo too 1. whether the trial court erred in holding that Jose and Romeo
Romeo- just embraced fermin Geronimo conspired with Enrico Geronimo in killing the deceased. 2.
The amended information for Murder filed against the three (3) whether both appellants were convicted upon testimonies which they
accused, Enrico Geronimo, Romeo Geronimo and Jose Geronimo, brand as unbelievable and unworthy of credence. 3. whether the trial
included two other persons, namely, Isidro Geronimo and Eleodoro court erred in convicting appellant Romeo Geronimo inspite of his
Carlos, but these two accused have not been apprehended. Enrico alleged non-participation in the agression against the deceased. 4.
Geronimo pleaded guilty to the charge but Romeo Geronimo and Jose whether the crime committed is murder or homicide 5. whether both
Geronimo went to trial upon their plea of not guilty. The defendants' appellants should be credited with the mitigating circumstance of lack
group were drunk and one of them hit the deceased with a slingshot of intent to commit so grave a wrong as that committed and, as to
and fell unconscious to the ground. While Fermin was held appellant Romeo Geronimo alone, with the alternative mitigating
unconscious by Romeo, Enrico Geronimo took Fermin’s bolo from circumstance of lack of instruction.
his waist and hacked the latter on the right ankle joint and Jose also
boloed his left ankle joint, almost severing it. Fermin Magbanua died Decisions:
as a result of his wounds. The said accused in company with Isidro 1. We do not agree with the Solicitor General that there was
Geronimo and Eleodoro Carlos, who are still at large, all armed with conspiracy among the accused. 2. The ruling of the court must be
boloes, sling-shot and stones were charged of conspiring, sustained. 3. Although the Solicitor General does not argue on the
confederating and helping each other, with superior strength and with third assigned error, the contention of the defense cannot be sustained.
evident premeditation and treachery, did then and there wilfully, 4. The appellants’ contention is without merit. 5. The mitigating
unlawfully and feloniously attack, assault, stone and stab Fermin circumstance of lack of intent to commit so grave a wrong as that
Magbanua. committed should have been appreciated by the trial court, but only
for appellant Jose Geronimo who alone inflicted injury without intent
Def: Both accused maintain that the element of conspiracy was never to cause the death of the victim.
proven and nowhere in the evidence of the prosecution is it shown that
there was an agreement relating to the commission of the offense; that
the aggression was instantaneous and all of a sudden, which Rationale:
circumstance precludes the idea of a preconceived design to attack the 1. It should be noted that all the accused and the victim were drinking
deceased; It has been laid down as a rule that when the defendants by
together in a tuba store on the day of the incident. No other evidence
their acts aimed at the same object, one performing one part and
another performing another part so as to complete it, with a view to the was presented by the prosecution to show conspiracy which according
attainment of the same object, and their acts, though apparently to the settled rule, must be proved as clearly and as convincingly as
independent were in fact concerted and cooperative, indicating the commission of the crime itself. It must be real and not
closeness of personal association, concerted action and concurrence presumptive. In the absence of clear proof that the killing was in fact
envisaged by them, and there being no satisfactory showing that the PEOPLE v CANTUBA
killing was done in furtherance of the conspiracy, they cannot be held
responsible therefor. Although the defendants are relatives and had Facts: Pio Cantuba and Pedrito Lalaguna together with co-accused
acted with some degree of simultaneity in attacking their victim, alias Berting, alias Pugo, Romeo Totong Labuyo and Mayor Espinosa
nevertheless, this fact alone does not prove conspiracy. 2. There was were charged with the crime of Murder under Art. 248 of the RPC.
no sufficient reason having been adduced why the trial court’s
findings and conclusion on the credibility of the witnesses for the In the municipality of Masbate,Philippines, the accused,
prosecution should be discarded. Besides, the prosecution witnesses confederating with each other, did then and there willfully, unlawfully
have no reason to impute so grave a wrong to the accused, if really and feloniously, with evident premeditation and with night-time as a
they did not commit it. 3. Actual participation in a fight or combat is means to better facilitate the commission of the crime, attack, assault
not the only gauge to one’s criminal responsibility. Appellant and use personal violence upon one ATTY. ADOLFO CELERA, by
Romeo’s holding or embracing of the victim, Fermin Magbanua, then and there shooting him at several parts of his body, thereby
when appellant Jose Geronimo hit the latter with a stone on the head; inflicting upon the latter, mortal wounds which are the direct and
the hacking of the deceased on the right posterior ankle joint by immediate cause of his death thereafter.
Romeo’s uncle, Enrico Geronimo, and the hacking also of Fermin’s
left posterior ankle joint by Jose Geronimo while Romeo was holding Atty. Celera- the counsel for the complainant in a rape case against
or embracing the victim, indicate that Romeo was very much involved mayor Espinosa
in the fight. Whatever responsibility was incurred by Romeo HELD:
Geronimo must be predicated on his act of holding the victim. accused was correctly convicted as a co-conspirator. His knowledge
Romeo’s cooperation not being essential to the commission of the of the plot to assassinate the victim, the fact that he had been
crime but merely to facilitate the same, he thereby cooperated in the ordered to scout for a man who could do the job and his knowledge
commission thereof and hence his liability is that of an accomplice. 4. of the place, date and time of the assault are sufficient to show unity
The killing was characterized by treachery since the deceased was of purpose. At the very least, therefore, he had to know the plot
already helpless, in fact unconscious, when he was boloed by Enrico and decided to join the execution.From the legal viewpoint,
and Jose Geronimo, and that Romeo’s act of holding the victim conspiracy exists if, at the time of the commission of the offense, the
contributed to the latter’s helpless condition. Treachery attended the accused had the same purpose and were united in its execution.
killing where the nature and location of the wounds indicate that the The degree of actual participation in the commission of the crime
victim was attacked from behind. For murder results from the is immaterial in conspiracy
presence of qualificative circumstances based upon the manner in
which the crime was committed and not upon the state of mind of the
accused. 5. As appellant Jose Geronimo lacked the intent to commit
so grave a wrong as that committed, this mitigating circumstance may
be appreciated in his favor. While the evidence shows that appellant
Romeo is unschooled, this circumstance alone is not sufficient.
Illiteracy alone will not constitute such circumstance. It must be
accompanied by lack of sufficient intelligence and knowledge of the
full significance of one’s act.
 PHILIPPINES v. MITSUEL L. ELARCOSA
and JERRY B. ORIAS
PEOPLE V LAWAS
In a complex crime, although two or more crimes are actually
FACTS: committed, they constitute only one crime in the eyes of the law, as
THE ACCUSED AND OTHER MEMBERS OF THE HOME well as in the conscience of the offender x x x when various victims
GUARD COMMENCED FIRING AT A LARGE GROUP OF expire from separate shots, such acts constitute separate and distinct
MARANAOS AT A SIGNAL FROM THE OTHER ACCUSED crimes.
AND CONTINUED FIRING UNTIL CEASE-FIRE SIGNALED.
ABOUT FIFTY (50) MARANAOS DIED IN THE SLAUGHTER. Facts: One evening, Elarcosa and accused-appellant Orias, both
members of the CAFGU, entered the house of Segundina Cruz and
requested that supper be prepared for them as they were roving. While
RULING: Segundina and Rosemarie were preparing in the kitchen, Elarcosa and Orias
SC HELD THAT THE ACCUSED IS GUILTY OF MULTIPLE fired their guns at Jose and Jorge Cruz. Segundina ran towards his son while
HOMICIDE UNDER THE REASON THAT THE EVIDENCE Rosemarie hid in the shrubs. Rosemarie heard her mother crying loudly and
POSITIVELY SHOWS THAT THE KILLING WAS THE RESULT after a series of gunshots, silence ensued. The following morning,
OF A SINGLE IMPULSE WHICH WAS INDUCED BY THE Rosemarie returned to their house where she found the dead bodies of her
ORDER OF THE LEADER TO FIRE, AND CONTINUED WITH parents and her brother. The amount of P40,000 and a certificate of
THE INTENTION TO COMPLY THEREWITH, AS THE FIRING registration of large cattle were also gone. Elarcosa and Orias were
STOPPED AS SOON AS THE LEADER GAVE THE ORDER TO thereafter charged with robbery with multiple homicide. RTC convicted the
THAT EFFECT.THERE WAS NO NTENT ON THE PART OF THE accused of the offense as charged. The CA, however, changed the
ACCUSED EITHER TO FIRE AT EACH AND EVERYONE OF conviction to multiple murder, ratiocinating that robbery was not proved and
THE VICTIMS AS SEPARATELY AND DISTINCTLY FROM that the killing was qualified by treachery.
EACH OTHER.IT HAS BEEN HELD THAT IF THE ACT OR
ACTS COMPLAINED RESULTED FROM A SINGLE CRIMINAL Issue: Whether or not the accused-appellant is guilty of the crime of
IMPULSE, IT CONSTITUTES A SINGLE OFFENSE multiple murder.

Ruling: Yes. Accused-appellant Orias should be convicted of three

(3) counts of murder and not of the complex crime of murder. In a
complex crime, although two or more crimes are actually committed,
they constitute only one crime in the eyes of the law, as well as in the
conscience of the offender. Hence, there is only one penalty imposed
for the commission of a complex crime. It is clear from the evidence
on record that the three (3) crimes of murder did not result from a
single act but from several individual and distinct acts. Deeply rooted
is the doctrine that when various victims expire from separate shots,
such acts constitute separate and distinct crimes.
PEOPLE v BARBAS(60 PHIL 241) Cedula certificates are prepared in triplicate. The original is delivered
to the purchaser, and the duplicate and triplicate, which are carbon
The defendant, a public officer, altered the duplicates of the copies of the original, are retained by J;he internal revenue officer.
cedulas by erasing the names originally writtenon themand Because the defendant accounted to the municipal treasurer of Sagay
replacing thesame with new names for the purpose of selling for the cedulas received, the lower court found that the defendant was
them to other people and misappropriating the money. The not guilty of malversation but of estafa through the falsification of
falsification of public documents was,therefore, the means public documents. It is clear, however, that the defendant, acting as a
which the defendant availed himself of in committing the crime special deputy of the provincial treasurer, collected from Policarpo
of malversation. Palmares and Marciano Salazar P2 each in payment of their cedula
tax and delivered to them what he represented to be the corresponding
cedulas. This money was clearly received by the defendant in his
In these two cases the defendant was charged in the Court of First capacity of a public officer, and in our opinion constituted a valid
Instance of Occidental Negros with the crime of malversation of payment of the cedula tax of Palmares and Salazar, and the defendant
public funds through the falsification of public documents. who misappropriated it is guilty of the malversation of public funds.

After hearing the evidence, the trial judge found the defendant guilty The evidence shows that the defendant altered the duplicates of the
of estafa through the falsification of public documents, and sentenced cedulas in question as alleged in the informations. These duplicates
him in each case to suffer an indeterminate sentence of not less than are public documents, and the alterations made by the defendant
six months and one day of prision correcccional and not more than constituted the falsification of public documents. The evidence shows
ten years and one day of prision mayor, to indemnify Marciano that the duplicates of the cedulas in question were falsified by the
Salazar and Policarpo Palmares, respectively, in the sum of P2, and defendant in order that he might sell them to Palmares and Salazar.
to pay the costs. The falsification was therefore the means which the defendant availed
himself of in committing the crime of malversation. As the acts of the
Appellant's attorney now alleges that the trial court erred in defendant constitute a complex crime, the penalty applicable thereto
considering the acts committed by Jose Barbas as estafa by means of is that corresponding to the more serious offense, or the falsification
the falsification of public documents, and in not acquitting him, with of a public document. The corresponding penalty therefore is the
the costs de oficio. maximum degree of prision mayor, or from ten years and one day to
twelve years of prision mayor, and a fine of not more than P5,000.
In our opinion there is no doubt as to the guilt of the defendant. The The medium degree of prision mayor in its maximum period is from
evidence clearly shows that after selling the cedulas marked D and F ten years, eight months, and one day to eleven years and four months.
to Angel Baflor and Patricio Fernandez, respectively, the defendant
sold and delivered Exhibits A and C, the duplicates of these two In case No. 8857 (G. R. No, 41265) the defendant is sentenced to
cedulas, to Policarpo Palmares and Marciano Salazar respectively, suffer an indeterminate sentence of not less than one year of prision
and collected from each of them P2. The defendant did not account correccional and not more than ten years, eight months, and one day
for the money which he collected from Palmares and Salazar. of prision mayor, to pay a fine of P5, and to indemnify the
Government of the Philippine Islands in the sum of P2, without
subsidiary imprisonment in case of insolvency, and to pay the costs.
The defendant is further sentenced to suffer the penalty of perpetual
special disqualification.

In case No. 8859 (G. R. No. 41266) the defendant is sentenced to

suffer an indeterminate sentence of not less than one year of prision
correccional and not more than ten years, eight months, and one day
of prision mayor, to pay a fine of P5 and to indemnify the Government
of the Philippine Islands in the sum of P2, without subsidiary
imprisonment in case of insolvency, and to pay the costs.

As thus modified, the decisions appealed from are affirmed, with the
costs against the appellant.