Case Digest (G.R. No. 41311)
Facts:
The People of the Philippine Islands prosecuted Leon Mallari y Lagman and Lao Yu for the taking of P1.50 from the person of Ellizar Dimson in the City of Manila. The accused invited Dimson, under a pretense of giving him a tip, to a Japanese hospital after feigning a chance meeting on Dasmariñas Street, and led him by way of Victoria Street into Intramuros to the yard of a school building there. When Dimson produced his wallet to show that he lacked change, Mallari seized the wallet, removed the money, and fled while Lao Yu threatened Dimson to prevent outcry and then ran after Mallari; a street-car inspector and Policeman Bartolome Rulloda intervened, the fugitives were pursued, Mallari stopped and spoke to Policeman Rulloda, and Lao Yu was found hiding at number 96 San Juan de Letran Street and returned the exact sum taken to the policeman. The trial court convicted both appellants and sentenced them, respectively, to maximum terms stated in the judgment with corresponding min...Case Digest (G.R. No. 41311)
Facts:
The People of the Philippine Islands prosecuted Leon Mallari y Lagman and Lao Yu for robbery after they induced Ellizar Dimson to accompany them in Manila, where Mallari wrested Dimson’s wallet and seized P1.50 while Lao Yu threatened him to prevent outcry; both were apprehended and Lao Yu returned the exact sum. The trial court convicted both and sentenced them respectively to six years, ten months and one day of prision mayor and three years, eight months and one day of prision correccional, and the defendants appealed claiming errors of fact and law.The record showed Mallari had a prior conviction for robbery (May 15, 1922) while the evidence did not prove Lao Yu a recidivist because his 1927 commitment to the Boys’ Training School under Act No. 3203 did not amount to a conviction; the Supreme Court reviewed the facts and the sentences under Act No. 4103 (Indeterminate Sentence Law).
Issues:
- Did the evidence establish the crime of robbery under Art. 294, subsection (5), Revised Penal Code?
- Was Leon Mallari a recidivist and was Lao Yu proven a recidivist?
- Were the aggravating circumstances properly applied in fixing penalties?
- Under Act No. 4103, must the minimum indeterminate sentence be fixed within the range of the penalty next lower as derived from Rule 4, Article 61, Revised Penal Code?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)