FIRST DIVISION
[G.R. No. 1032. February 19, 1903. ]
THE UNITED STATES, Complainant-Appellee, v. AGUSTIN ABLAZA, Defendant-Appellant.
Enrique Llopiz, for Appellant.
Solicitor-General Araneta, for Appellee.
SYLLABUS
1. CRIMINAL LAW; EXTENUATING CIRCUMSTANCES. — A confession of guilt by the defendant is not an extenuating circumstance.
2. ID.; AMNESTY. — Where it does not appear that the defendant participated in the insurrection against Spain or the United States the amnesty of July 4, 1902, is of no application.
3. ID.; ID. — Applications for amnesty in cases not expressly covered by the proclamation of July 4, 1902, must be made to the executive and not to the judicial authorities.
2. ID.; AMNESTY. — Where it does not appear that the defendant participated in the insurrection against Spain or the United States the amnesty of July 4, 1902, is of no application.
3. ID.; ID. — Applications for amnesty in cases not expressly covered by the proclamation of July 4, 1902, must be made to the executive and not to the judicial authorities.
D E C I S I O N
WILLARD, J.:
The fact that defendant confessed his guilt can not be considered as an extenuating circumstance within the meaning of article 9 of the Penal Code.
The case shows that the extenuating circumstance defined in article 9, 5, should be taken into account.
The application for the benefits of the amnesty of July 4, 1902, must be denied, without considering other grounds, for the reason that it does not appear that the defendant took part against the United States or Spain in the insurrection mentioned in the amnesty. (United States v. Manuel Garcia, August 16, 1902.)
In cases not covered by the terms of the proclamation the special application therein permitted must be made to the executive and not to the judicial authorities, as has been done in this case.
The judgment is modified by changing the penalty from fourteen years eight months and one day to twelve years and one day. In all other respects it is affirmed. The appellant must pay the cost of this instance. So ordered.
Arellano, C.J., Torres, Cooper and Ladd, JJ., concur.
The case shows that the extenuating circumstance defined in article 9, 5, should be taken into account.
The application for the benefits of the amnesty of July 4, 1902, must be denied, without considering other grounds, for the reason that it does not appear that the defendant took part against the United States or Spain in the insurrection mentioned in the amnesty. (United States v. Manuel Garcia, August 16, 1902.)
In cases not covered by the terms of the proclamation the special application therein permitted must be made to the executive and not to the judicial authorities, as has been done in this case.
The judgment is modified by changing the penalty from fourteen years eight months and one day to twelve years and one day. In all other respects it is affirmed. The appellant must pay the cost of this instance. So ordered.
Arellano, C.J., Torres, Cooper and Ladd, JJ., concur.
