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Escalante vs. Santos

ARTURO V. ESCALANTE, petitioner, vs. PAULINO SANTOS, Director of Prisons, respondent.

G.R. No. 36828 | 1932-02-02

D E C I S I O N


ROMUALDEZ, J:

The present habeas corpus proceeding was instituted by Arturo V. Escalante, who is in Bilibid Prison. On November 14, 1928, he was convicted of estafa and sentenced to two years, eleven months, and eleven days of presidio correccional, to indemnify the offended party in the sum of P4,836.53, with subsidiary imprisonment in case of insolvency, and to pay the costs. This penalty is the minimum of the maximum degree of the penalty provided in article 534, paragraph No. 3, of the Penal Code then in force, that is, presidio correccional in the minimum and medium degrees, i. e., six months and one day to four...