Case Digest (G.R. No. L-8229)
Facts:
The People of the Philippines v. Luis M. Taruc, G.R. No. L-8229, November 28, 1955, the Supreme Court En Banc, Concepcion, J., writing for the Court.
The prosecution (People of the Philippines) appealed from a decision of the Court of First Instance (CFI) of Manila convicting Luis M. Taruc of rebellion. Taruc was one of many defendants named in a third amended information charging rebellion with murders, arsons, robberies and kidnappings allegedly committed in aid of the Communist Party of the Philippines and the Hukbong Mapagpalaya ng Bayan (HMB/Huks). Several co-defendants were at large, while William and Celia Pomeroy had been previously convicted.
The CFI, presided over by Judge Gregorio Narvasa, accepted a reamended information after the prosecution agreed to suppress certain counts (counts 1–6 and 8). Taruc waived reading of the information, was arraigned, and pleaded guilty after assurances. The trial court then found him guilty "by his own confession in open court" of rebellion as defined and punished under Articles 134 and 135 of the Revised Penal Code, and—invoking Article 64, paragraphs 4 and 6—sentenced him to twelve years prision mayor, ordered payment of a P20,000 fine, accessory penalties and his share of costs. The prosecution appealed, arguing Taruc should have received a more severe penalty.
The Supreme Court was asked (1) whether the prosecution may appeal the lower court's decision on the ground the penalty was too light, and (2) if the appeal lies, what penalty should be imposed. The Solicitor General urged reexamination of prior ...(Pro-only)
Issues:
- May the prosecution appeal from the CFI's conviction and sentence of Luis M. Taruc on the ground that a more severe penalty should have been imposed?
- If the prosecution may appeal, what penalty should be imposed upon...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)