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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 39913. December 19, 1933. ]

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. RICARDO MELENDREZ Y NIETO ET AL., Defendants. RICARDO MELENDREZ Y NIETO, Appellant.

Consorcio Gallego for Appellant.

Solicitor-General Hilado for Appellee.

SYLLABUS


1. ROBBERY; MITIGATING CIRCUMSTANCES; LACK OF INSTRUCTION; PLEA OF GUILTY. — Aside from the fact that this court has repeatedly held in its various decisions that in crimes of robbery the mitigating circumstance of lack of instruction should not be taken into consideration, the records of the case do not afford any basis on which to judge the degree of instruction of the appellant inasmuch as no evidence was taken relative thereto, he having pleaded guilty. However, the fact that he had pleaded guilty upon arraignment should be taken into consideration as a mitigating circumstance in his favor.

2. ID.; RECIDIVISM. — The aggravating circumstance of recidivism should be taken into account. (People v. Aguinaldo, 47 Phil., 728) This aggravating circumstance should be taken into consideration in imposing the principal penalty in its corresponding degree, notwithstanding the fact that the defendant, by reason of such recidivism, is also sentenced to an additional penalty as a habitual delinquent.


D E C I S I O N


AVANCEÑA, C.J. :


The text of the information filed against Ricardo Melendrez y Nieto and Elias Martinez in this case, reads as follows:jgc:chanrobles.com.ph

"That on or about the 15th day of June, 1933, in the municipality of Pasay, Province of Rizal, Philippine Islands, within two and one- half (2
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