Back

Lagrimas vs. Director of Prisons

ESTAQUIO LAGRIMAS, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

G.R. No. 38046 | 1932-09-24

D E C I S I O N

VILLAMOR, J:

The petitioner, who is detained in Bilibid, prays that an order be issued directing that he be set at liberty, invoking article 149 of the Revised Penal Code, which prescribes a lesser penalty for the crime penalized by article 251 of the old Penal Code under which he was sentenced by the Court of First Instance of Samar to two years, eleven months, and eleven days of prision correccional and a fine of 375 pesetas.

The respondent opposes the petition maintaining that article 148 and not 149 of the Revised Penal Code is applicable to the present case.

The record shows that the petitioner slapped and used offensive...