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INDETERMINATE SENTENCE LAW (applicable to Recidivist)

People vs. Jaranilla


G.R. No. L-28547, February 22, 1947

Facts:
Gorriceta was driving a Ford pickup when he was hailed by Jaranilla, Suyo and Brillantes.
Jaranilla requested him to bring them to Mandurriao, Iloilo City. Despite resistance, Jaranilla prevailed
and boarded the pickup. He was asked to park the truck and wait for them. When they reappeared, each
of them was carrying two fighting cocks (6 total). They were chased by patrolmen. When patrolman
Jabatan fired a warning shot, Gorriceta stopped the truck. Brillantes pulled his revolver but did not fire.
Jarranilla all of a sudden shot Patrolman Jabatan. The following day, Gorriceta surrendered to the police.

Gorriceta, Jaranilla, Suyo and Brillantes were charged with robo con homicide with the
aggravating circumstances of use of a motor vehicle, nocturnity, band, contempt of or with insult to the
public authorities and recidivisim. After the prosecution and before the defense had commence
presentation of evidence, Jaranilla escaped from the provincial jail. Suyo and Brillantes admitted their
previous convictions for theft.

Issue:
WON Suyo and Brillantes are entitled to ISLAW.

Held:
Yes, although recidivists, Suyo and Brillantes are not habitual delinquents. They are entitled to an
indeterminate sentence.

They are sentenced to an indeterminate penalty of six months of arresto mayor as minimum to
four years and two months of prision correccional as maximum and ordered to indemnify solidarily the
complainant the sum of 100 pesos for each chicken.

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