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People v. Salazar 102 PHIL 1184

This document is a summary of a Supreme Court case from 1958 regarding Jesus Salazar y Gabriel who was found guilty of illegally possessing a submachine gun. The Court of First Instance of Manila sentenced him to 5 years imprisonment and costs. On appeal, Salazar argued the trial judge should have recommended executive clemency since the weapon was forfeited to the government and there was no evidence he was a hardened criminal. However, the Supreme Court affirmed the conviction and sentence, with costs against the appellant, as the legal provision violated was separate from the Revised Penal Code and no evidence was presented at the hearing to explain the circumstances of the case.

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306 views1 page

People v. Salazar 102 PHIL 1184

This document is a summary of a Supreme Court case from 1958 regarding Jesus Salazar y Gabriel who was found guilty of illegally possessing a submachine gun. The Court of First Instance of Manila sentenced him to 5 years imprisonment and costs. On appeal, Salazar argued the trial judge should have recommended executive clemency since the weapon was forfeited to the government and there was no evidence he was a hardened criminal. However, the Supreme Court affirmed the conviction and sentence, with costs against the appellant, as the legal provision violated was separate from the Revised Penal Code and no evidence was presented at the hearing to explain the circumstances of the case.

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Anonymous
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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[No. L-7490.

January 21, 1958]


THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. JESUS
SALAZAR Y GABRIEL, defendant and appellant.
Appeal from the decision of the Court of First Instance of Manila finding
appellant, guilty of illegal possession of a sub-machinegun and sentencing him to five
years imprisonment and to pay costs. Appellant contends that the trial judge erred in
not recommending executive clemency inasmuch as the weapon had already been
forfeited to the Government, and no showing was made that he was a hardened
criminal. He obviously ref to the provision of Article 5 of the Revised Penal Code, but
such article has no application here, because it refers to penalties provided by the
Revised Penal Code; whereas the legal provision violated by appellant is another
piece of legislation. Besides, no questioning was made at the hearing, and no
manifestations whatsoever were uttered either by the accused or by his counsel to
explain the circumstances surrounding the case. Consequently no elements appear of
record in the light of which could be appreciated the degree of malice or the injury
caused by the offense.
Judgment affirmed, with costs against appellant. Bengzon, J., ponente.

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