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People vs. Alberto Estoista 93 Phil 647

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERTO ESTOISTA, defendant-appellant.

G.R. No. L-5793 | 1953-08-27

D E C I S I O N

TUASON, J.:

Prosecuted in the Court of First Instance of Lanao for homicide through reckless imprudence and illegal possession of firearm under one information, the appellant was acquitted of the first offense and found guilty of the second, for which he was sentenced to one year imprisonment. This appeal is from that sentence raising factual, legal and constitutional questions. The constitutional question, set up after the submission of the briefs, has to do with the objection that the penalty - from 5 to 10 years of imprisonment and fines - provided by Republic Act No. 4 is cruel and unusual.

As to the facts. The firearm...