Title
Cuenca vs. Superintendent of the Correctional Institution for Women
Case
G.R. No. L-17400
Decision Date
Dec 30, 1961
Epifania Cuenca, charged with theft and habitual delinquency, contested her 12-year penalty via habeas corpus. Court upheld detention, reducing penalty to 10 years, as jurisdiction was valid.
A

Case Summary (G.R. No. L-17400)

Criminal Charges and Sentencing

The petitioner was charged in 1955 with the crime of theft in the Municipal Court of Manila, alongside three other individuals. The information specified that Cuenca y Mendoza, in conspiracy with the others, unlawfully took two packages of coffee valued at P5.20. Notably, Cuenca y Mendoza was declared a habitual delinquent as per Article 62, Section 5(a) of the Revised Penal Code due to her prior convictions. During her arraignment, she pleaded not guilty, but was eventually found guilty and sentenced to two months and one day of arresto mayor, in addition to an additional twelve years of prision mayor, due to her habitual delinquency.

Petition for Habeas Corpus

On April 12, 1960, after serving a significant portion of her sentence (5 years, 7 months, and 12 days), Cuenca y Mendoza filed a petition for a writ of habeas corpus. In her petition, she contended that the allegations regarding her habitual delinquency were insufficient and that the imposed penalty was excessive. The court, upon reviewing her petition, determined that the allegations were sufficiently detailed to support her classification as a habitual delinquent.

Decision of the Court of First Instance

The Court of First Instance dismissed the habeas corpus petition. It ruled that the essential element of habitual delinquency—the chronological ordering of her prior convictions—was adequately represented in the information. The court noted that although the designation of "DATE" in the information was vague, the surrounding context implied that it referred to the dates of commission of the crimes, thereby affirming her habitual delinquent status.

Assessment of Claims in the Petition

The court also addressed Cuenca y Mendoza's claim that the twelve-year sentence for habitual delinquency was excessive. It confirmed that under Article 62, paragraph 5(c) of the Revised Penal Code, this penalty could only be applied upon a fifth conviction. Since her previous criminal record reflected only four earlier convictions, the imposition of a twelve-year penalty was indeed excessive. However, the court asserted that it did not possess the jurisdiction to alter the sentence via a habeas corpus petition, as this particular writ does not serve as a means for judicial review of facts or

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