Case Digest (G.R. No. 43466)
Facts:
In criminal Case No. 9730 of the Court of First Instance of Laguna, Pascual Fajardo was convicted of damage to property through reckless imprudence and was sentenced to pay a fine of P270.10 and the costs; his appeal to the Court was dismissed for failure to file a brief and the judgment became final. On execution the sheriff returned the writ unsatisfied because the accused was insolvent; the provincial fiscal urged that the accused suffer subsidiary imprisonment though the judgment did not so provide, but the court by order of March 13, 1935 released the accused; the fiscal appealed.Issues:
- May an accused sentenced only to pay a fine be compelled to undergo subsidiary imprisonment if found insolvent?
- Does article 39 of the Revised Penal Code permit automatic imposition of subsidiary imprisonment without its being specified in the final judgment, consistent with arti
Case Digest (G.R. No. 43466)
Facts:
- Background of the dispute
- Parties: THE PEOPLE OF THE PHILIPPINES, plaintiff and appellant; PASCUAL FAJARDO, defendant and appellee.
- Criminal conviction: Fajardo was convicted in criminal case No. 9730 of the Court of First Instance of Laguna for damage to property through reckless imprudence.
- Sentence imposed: A fine of P270.10 and costs.
- Appeal proceedings: Fajardo appealed to this Court; the appeal was dismissed because no brief was submitted within the reglementary period; judgment was entered against him and the record returned to the lower court.
- Events on execution of sentence
- Insolvency and execution: Upon attempted execution the accused was found insolvent and the sheriff returned the writ unsatisfied.
- Fiscal's position and court action: The clerk of court informed the provincial fiscal, who replied that the accused should suffer the corresponding subsidiary imprisonment although the judgment did not so sentence him; the clerk reported to the court. ...(Subscriber-Only)
Issues:
- Primary legal question presented
- Whether an accused who has been sentenced only to pay a fine may be compelled to undergo subsidiary imprisonment in the manner prescribed by law when he is found insolvent and has no property to pay the fine.
- Ancillary legal questions argued
- Whether Article 39 of the Revised Penal Code authorizes automatic service of subsidiary imprisonment without that penalty having been imposed in the final judgment.
- Whether executing subsidiary imprisonment absen...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)