Back

Teofilo A. Humilde, et al. vs. Magno B. Pablo

TEOFILO A. HUMILDE, Assistant City Fiscal of Dagupan City; RODOLFO R. AQUINO, Assistant Provincial Fiscal of Pangasinan, and SANTOS B. ARREOLA, Practicing Lawyer, complainants, vs. JUDGE MAGNO B. PABLO of the Court of First Instance of Pangasinan, Alaminos, Branch XIII, respondent.

A.M. No. 604-CFI | 1981-02-20

D E C I S I O N


AQUINO, J.:

Two fiscals and a practicing lawyer denounced respondent Judge for his mistakes in the imposition of penalties.

Judge Magno B. Pablo sentenced the accused in Criminal Case No. 161-A, People vs. Bustamante, to suffer subsidiary imprisonment in case of insolvency although the indeterminate penalty imposed on the accused was four years, two months and one day of prision correccional as minimum to eight years of prision mayor as maximum.

The imposition of subsidiary imprisonment is contrary to the provision of article 39(3) of the Revised Penal Code that "when the principal penalty imposed is higher than...