Back

PEOPLE vs. Pablo De La Cruz 092 Phil 906

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PABLO DE LA CRUZ, defendant-appellant.

G.R. No. L-5790 | 1953-04-17

D E C I S I O N


BENGZON, J.:

Having retailed a can of milk at ten centavos more than the ceiling price, Pablo de la Cruz was sentenced, after trial, in the court of first instance of Manila, to imprisonment for five years, and to pay a fine of five thousand pesos plus costs. He was also barred from engaging in wholesale and retail business for five years.

In this appeal he argues that the trial judge erred: (a) in not holding that the charge was fabricated; (b) in imposing a punishment wholly disproportionate to the offense and therefore unconstitutional and (c) in not invalidating Republic Act No. 509 in so far as it prescribed...