Title
People vs. Macbul
Case
G.R. No. 48976
Decision Date
Oct 11, 1943
Defendant stole papers due to extreme poverty; habitual delinquency claim dismissed as prior convictions exceeded 10-year limit; poverty deemed mitigating.

Case Digest (G.R. No. 48976)
Expanded Legal Reasoning Model

Facts:

  • Overview of the Case
    • Appellant, Moro Macbul, pleaded guilty to the theft of two sacks of papers valued at P10.
    • The property belonged to the Provincial Government of Sulu.
    • The theft occurred on March 9, 1943, in the municipality of Jolo.
  • Criminal Background and Previous Convictions
    • It was alleged that the appellant was a habitual delinquent.
    • He had two previous convictions for the same crime:
      • One on November 14, 1928.
      • Another on August 20, 1942.
    • The Habitual Delinquency Law requires that, for a person to be regarded as habitual, subsequent convictions within ten years of the last conviction are considered.
      • The court noted that his first conviction in 1928 fell outside the ten-year period from the second conviction.
  • Trial Court Proceedings and Findings
    • The trial court found the appellant guilty of theft.
    • The principal penalty imposed was one month and one day of arresto mayor.
    • An additional penalty of two years, four months, and one day of prision correccional was imposed on account of habitual delinquency.
    • Mitigating Circumstances Identified:
      • The appellant’s plea of guilty (under paragraph 7 of Article 13 of the Revised Penal Code).
      • Extreme poverty and necessity (under paragraph 10 of Article 13 of the Revised Penal Code).
    • Aggravating Circumstance Considered:
      • Recidivism was taken into account by the trial court.
      • However, under the law, recidivism is inherent in habitual delinquency and should be subject to specific temporal limitations.

Issues:

  • Validity of Considering Recidivism as an Aggravating Circumstance
    • Whether the trial court erred in considering recidivism as an aggravating circumstance for imposing an additional penalty.
    • The legal contention was centered on the fact that recidivism should not have been used separately since it is inherent in the classification of habitual delinquency.
    • The issue was further compounded by the temporal gap between the appellant’s previous convictions.
      • The 1928 conviction occurred more than ten years before the 1942 conviction and is, therefore, outside the scope of habitual delinquency under the law.
  • Application of the Habitual Delinquency Law
    • Determining if the appellant genuinely qualifies as a habitual delinquent.
    • Whether only one previous conviction (the one in 1942) should be considered given the ten-year limitation stipulated in Article 62, No. 5 of the Revised Penal Code.
  • Consideration of Extreme Poverty and Necessity as a Mitigating Circumstance
    • Whether extreme poverty and necessity, as analogous mitigating circumstances under Article 13, should reduce criminal liability.
    • The issue involves reconciling traditional interpretations with evolving humanitarian views.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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