Case Summary (G.R. No. 36270)
Charges and Initial Proceedings
Consolacion Infante and Emeterio Ramos were initially charged with the crime of adultery at the behest of Manuel Artigas, Jr. During the arraignment, both defendants entered a plea of not guilty. However, when the case was later called for trial, Infante and Ramos sought to change their plea to guilty. Consequently, the trial judge sentenced them to two years, four months, and one day of imprisonment along with the accessory penalties prescribed by law and ordered them to pay one-half of the court costs.
Appeal and Basis of Decision
Consolacion Infante appealed the conviction, arguing the trial court should consider that her plea of guilty was based on the assurance given by her attorney that the penalty would not exceed six months. The appellate court found that this argument was without merit, as it could not reassess the validity of the plea entered in the lower court.
Pardon and Legal Implications
Following the submission of the case, a motion to dismiss the appeal was filed. This motion was based on an affidavit from Manuel Artigas, Jr., wherein he purportedly pardoned Infante for her infidelity. However, the court found that this attempted pardon was ineffective for two reasons.
Legal Provisions on Pardon
The court referenced the second paragraph of Article 344 of the Revised Penal Code, which clearly states that the offended party cannot pursue criminal prosecution without including both guilty parties if they are alive, nor if he/she has consented to or pardoned the offenders. This provision requires that any pardon must predate the initiation of the criminal prosecution and must include both offenders to be valid.
Historical Context and Legislative Action
The court noted that prior provisions in the old Penal Code allowed a husband to remit the penalty imposed on his wife, which also operated as a remission for her paramour. However, these provisions became obsolete following the enactment of Act No. 1773, section 2, which repealed them. Importantly, the Revised Penal Code, which sup
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Case Overview
- The case involves Consolacion Infante and Emeterio Ramos, accused of adultery by Manuel Artigas, Jr.
- The initial plea from the accused was not guilty; however, they later sought to change this to guilty.
- The trial judge sentenced both defendants to two years, four months, and one day of imprisonment (prision correccional) along with accessory penalties.
- The defendants were also ordered to pay half of the costs associated with the trial.
Appeal and Legal Proceedings
- Consolacion Infante appealed the judgment, but the appellate court found no merit in the appeal.
- The court emphasized that it could not consider whether the plea was made based on the assurance of a minimum sentence by her attorney.
Motion to Dismiss
- After the case was submitted, a motion to dismiss was filed on behalf of Consolacion Infante.
- This motion was based on an affidavit from Manuel Artigas, Jr., in which he pardoned Infante for her infidelity.
- The court ruled that this attempted pardon was invalid for two significant reasons.