Tuesday, February 07, 2012

People vs. Pol

Facts: Dy Pol was charged in the Court of First Instance of Iloilo with having committed the crime of falsification of a public document by virtue of an information alleging: That on or about July 23, 1936, in the municipality of Iloilo, Province of Iloilo, and within the jurisdiction of said court, the said accused, being the manager of the commercial establishment known as “Mambucal” belonging to Chua We, voluntarily and unlawfully appeared before the notary public Pedro Davila and, pretending to be Chua We, executed and ratified a deed selling said commercial establishment to Dy Pol, signing it as Chua We; thereby making false manifestations in the statement of facts and making it appear that Chua We had sold him said commercial establishment, when in fact and as the accused well knew, Chua Wenever appeared before the notary public, executed the document or sold the commercial establishment “Mambucal”; and as a consequence thereof the accuse succeeded in appropriating, to his own benefit, articles and merchendise from the establishment “Mambucal” in the amount of 438.52php, to the damage and prejudice of Chua We.

(1) Whether or not the appellant could use “no irreparable damage” as a mitigating circumstance.

(2)  Whether or not the appellant could use “the plea of guilty” as a mitigating circumstance.

(1) No. 
The mitigating circumstance invoked by the appellant, which is that the crime committed by the accused has caused no irreparable material damage to the offended party, IS NOT RECOGNIZED by the Revised Penal Code. Neither is it among those which may be considered similar in nature and analogous to those expressly recognized, in accordance with Article 13, subsection 10, and therefore it cannot correctly be taken into consideration.

(2) Yes. The plea of guilty was taken into consideration, that’s why the sentence was in its minimum periods. It is recognized in Article 13, Paragraph 7 of the Revised Penal Code.

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