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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 12857. September 6, 1917. ]

THE UNITED STATES, Plaintiff-Appellee, v. ALFREDO MANIQUIS, Defendant-Appellant.

Alfonso Santos for Appellant.

Acting Attorney-General Paredes for Appellee.


SYLLABUS


1. CRIMINAL LAW; VIOLATION OF A CONDITIONAL PARSON. — Held: Under the facts stated in the opinion, that the defendant was guilty of a violation of a conditional pardon, and that he should be detained in one of the reformatories established by the Government in the place of that of "Lolomboy" to serve that balance of the penalty originally imposed.

D E C I S I O N

JOHNSON, J.:



This defendant was charged with the breach of a conditional pardon. The complaint alleged:jgc:chanrobles.com.ph

"That said accused, on or about January 9, 1916, in the municipality of Malolos, Province of Bulacan, P. I., was sentenced by the justice of the peace court of Malolos, Bulacan, to five months’ imprisonment to be served in the provincial jail of Bulacan, for theft; and that said crime was committed in breach of the pardon granted to him prior to the date above mentioned, the precise condition of which pardon being that the accused should not thenceforth be convicted of any crime or bad conduct; with violation of law."cralaw virtua1aw library

Upon said complaint the appellant was arrested and arraigned. Upon arraignment he plead guilty, and was sentenced to be returned to the Lolomboy Reformatory until he should reach his majority, or until the 31st day of January, 1919. From that sentence he appealed.

In this court his attorney recommends an affirmation of the sentence of the lower court. The Attorney-General recommends an affirmation of the sentence of the lower court, with the modification that the appellant should be detained in one of the reformatories established by the Government in the place of that of Lolomboy.

An examination of the record discloses nothing upon which the decision of the lower court may be modified.

The sentence of the lower court is, therefor, hereby affirmed with the modification recommended by the Attorney-General, with costs. So ordered.

Arellano, C.J., Carson, Araullo, Street and Malcolm, JJ., concur.

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