Title
People vs. Alcaraz y Tanyag
Case
G.R. No. 35762
Decision Date
Feb 13, 1932
Melchor Alcaraz, a habitual delinquent, stole a necklace in 1931. Convicted under Spanish Penal Code, denied retroactive benefits of Revised Penal Code.

Case Summary (G.R. No. 35762)

Facts of the Case

On the date in question, law enforcement officer Bolado apprehended Alcaraz while he was committing theft. The stolen necklace was identified by its owner, Haw Paw, establishing the direct link between Alcaraz and the crime. During the trial, Alcaraz confessed to having three prior convictions for theft within the last ten years, and police records indicated a total of twelve convictions since 1919, ending with his release from prison in 1929. Thus, the case was adjudicated in the Municipal Court of Manila and subsequently in the Court of First Instance of Manila.

Legal Framework

The applicable laws at the time included the Spanish Penal Code and the Habitual Delinquent Laws, specifically Acts Nos. 3397 and 3586. The Revised Penal Code, which replaced the Spanish Penal Code effective January 1, 1932, was introduced shortly before the case was decided. Article 366 of the Revised Penal Code asserts that felonies committed prior to the new code's enactment should be punished according to the laws in effect at the time of the offense.

Application of Law to the Case

The key legal issue revolved around whether the court should apply the provisions of the Spanish Penal Code regarding theft and habitual delinquency or the fresh provisions found in the Revised Penal Code. Article 366 allows for the retroactive application of more lenient punishments provided under the new code; however, it references Article 22, which excludes habitual criminals from such benefits. Given Alcaraz's status as a habitual delinquent, the court determined that he was not eligible for the more favorable provisions of the Revised Penal Code.

Court's Conclusion

Consequently, following t

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