Case Summary (G.R. No. L-8570)
Key Details of the Case
The fiscal of Bataan filed a complaint against Dalmacio Salazar, alleging that between July 16, 1947, and February 1948, Salazar unlawfully sold 75 cavanes of palay mortgaged to the Bataan Agency of the Philippine National Bank, without obtaining the necessary consent from the mortgagee. The amount claimed for damages by the bank was P262.50. However, the court of first instance dismissed the complaint, ruling that the offense had already prescribed due to the lapse of time.
Applicable Law on Prescription
The case examines two critical provisions in the Revised Penal Code related to the prescription of crimes. Article 90 states that crimes punishable by correctional penalty shall prescribe in ten years, while offenses punishable by arresto mayor shall have a prescriptive period of five years. The penalty under Article 319 for unauthorized sale of mortgaged property includes both arresto mayor and a fine, specifically identifying the sale of mortgaged items without consent.
Court's Findings on Prescriptive Period
The lower court determined that since the offense must have been discovered prior to February 1948 and since more than five years had passed from that date, the prosecution's claim was barred by the statute of limitations. Upon reconsideration, the court explained that the appropriate prescriptive period, considering the potential for a fine of P525 (twice the value of P262.50), should be ten years, as it fell under the category of a correctional penalty, thereby contradicting its own earlier ruling regarding the five-year period.
Government's Appeal and Legal Reasoning
The government contested the dismissal primarily on two grounds: firstly, asserting that the offense was indeed a correctional penalty and therefore prescribed in ten years and, secondly, positing that, even if the five-year period was applicable, it should commence from the discovery of the crime, which the prosecution argued occurred in January 1953. The court found merit in the government’s first proposition, ruling that the nat
...continue readingCase Syllabus (G.R. No. L-8570)
Case Citation
- 98 Phil. 663
- G.R. No. L-8570
- Decision Date: March 23, 1956
Parties Involved
- Plaintiff/Appellant: The People of the Philippines
- Defendant/Appellee: Dalmacio Salazar
Background of the Case
- The case arises from an appeal by the fiscal of Bataan concerning the dismissal of an information dated July 28, 1953, against Dalmacio Salazar.
- The information charged Salazar with a violation of Article 319 of the Revised Penal Code for allegedly selling mortgaged property without the mortgagee's consent.
- The property in question consisted of 75 cavanes of palay, which Salazar mortgaged to the Bataan Agency, Philippine National Bank.
- The alleged sale occurred between July 16, 1947, and February 1948.
Court's Rationale for Dismissal
- The trial court dismissed the case, asserting that more than five years had elapsed since the crime's discovery prior to February 1948.
- Thus, the court concluded that the crime had prescribed according to the law.
Relevant Legal Provisions
- Article 319 of the Revised Penal Code: Addresses the removal, sale, or pledge of mortgaged property without the consent of the mortgagee, imposing penalties including arres