Escalante v. Santos

ROMUALDEZ, J.:

The present habeas corpus proceeding was instituted by Arturo V. Escalante, who is in Bilibid Prison. On November 14, 1928, he was convicted of estafa and sentenced to two years, eleven months, and eleven days of presidio correccional , to indemnify the offended party in the sum of P4,836.53, with subsidiary imprisonment in case of insolvency, and to pay the costs. This penalty is the minimum of the maximum degree of the penalty provided in article 534, paragraph No. 3, of the Penal Code then in force, that is, presidio correctional in the minimum and medium degrees, i.e., six months and one day to four years and two months of presidio correctional , because the amount abstracted exceeds 6,250 pesetas.

Estafa in that amount (P4,836.53) not exceeding P6,000 is punished in the Revised Penal Code, in force since the first of this year (article 315, paragraph 3), with a penalty ranging from arresto mayor in the maximum degree to prision correctional in the minimum degree, i. e., four months and one day to two years and four months of imprisonment. The Attorney-General, recommending that the petition be granted and the petitioner set at liberty, submits the following computations: 4.

If the minimum of the maximum degree were to be imposed under the new Penal Code (it being the grade imposed in the original decision of the Supreme Court), the computation of the total term which petitioner has to serve is as follows: Year Month Day Minimum of the maximum 1 8 1 Subsidiary imprisonment ......... 6 20