Case Summary (G.R. No. L-5790)
Key Dates
- Offense: October 14, 1950
- Decision: April 17, 1953
Applicable Law
- Executive Order No. 331 implementing Republic Act No. 509 (price ceilings on essential commodities)
- Penalty scheme under RA 509, Section 12
- 1935 Philippine Constitution, prohibition on excessive fines and cruel or unusual punishment
Factual Background
On October 14, 1950, Eduardo Bernardo Jr. bought a six-ounce tin of “Carnation” milk from Pablo de la Cruz for ₱0.30, exceeding the ₱0.20 ceiling fixed by EO 331. The transaction, motivated by personal discord between De la Cruz and the intended recipient (Ruperto Austria), led to prosecution for selling above the maximum price.
Issues Presented
- Whether the charge was fabricated.
- Whether the imposed penalty was disproportionate and hence unconstitutional.
- Whether RA 509’s penalty provisions themselves were invalid for prescribing excessive sanctions.
Fabrication and Entrapment
The Court found uncontroverted evidence that De la Cruz sold above the prescribed ceiling. The fabrication claim was dismissed, and no entrapment was shown, since the sale was openly conducted to any customer without inducement.
Constitutional Challenge to Penalties
Article on excessive fines and cruel or unusual punishment under the 1935 Constitution was examined. While traditional jurisprudence treats “cruel and unusual” as referring to archaic modes of punishment, some authorities extend the prohibition to sentences so severe as to shock contemporary standards of justice.
Theories on Judicial Review of Statutory Penalties
Two competing doctrines were considered:
- Theory 1: Constitutional limits apply only to legislative enactments; if a penalty falls within statutory bounds, courts lack power to reduce it on constitutional grounds.
- Theory 2: Constitutional limits also restrain judicial sentencing; a court must compare the statutory penalty with the offense’s actual gravity and impose only what is proportionate.
Application of Theories
Under Theory 1, RA 509’s minimum imprisonment (two months) and fine (₱2,000) were not excessive, given the potential for large illicit gains. Under Theory 2, a five-year term and ₱5,000 fine for a ten-centavo overcharge appeared disproportionate to the wron
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Facts of the Case
- On October 14, 1950, Eduardo Bernardo, Jr. purchased a six-ounce tin of “Carnation” milk from Pablo de la Cruz’s retail store in Sampaloc, Manila, at the price of thirty centavos.
- The maximum lawful price under Executive Order No. 331 (issued pursuant to Republic Act No. 509) was twenty centavos per tin.
- The sale was reported to the City Fiscal’s office, leading to criminal prosecution for violation of price-ceiling regulations.
- The Court of First Instance of Manila found Pablo de la Cruz guilty, sentencing him to:
- Five years’ imprisonment;
- A fine of five thousand pesos plus costs;
- Disbarment from engaging in wholesale and retail business for five years.
Issues Presented
- Whether the charge was fabricated and thereby lacked factual foundation.
- Whether entrapment or inducement by the prosecution invalidated the charge.
- Whether the penalty imposed was grossly disproportionate to the offense and unconstitutional.
- Whether Republic Act No. 509’s penalty provisions, as applied, violated the constitutional prohibition on excessive fines and cruel or unusual punishment.
Ruling on Fabrication and Entrapment Claims
- The Court reviewed the record and held that the prosecution established the sale beyond reasonable doubt.
- No evidence indicated that the defendant was specially induced or entrapped; he offered goods for sale to any customer who came to his store.
- The trial judge did not err in finding the charge factually supported and in rejecting entrapment.
Statutory Framework: Republic Act No. 509 and Executive Order No. 331
- Republic Act No. 509, Sec. 12 prescribes:
- Imprisonment of not less than two months nor more than twelve years, or a fine of not less than two thousand pesos nor more than ten thousand pesos, or both, for selling above presidentially fixed maximum prices.
- Additional five-year bar fro