[ G. R. No. 38885, May 28, 1934 ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE VS. BASILIA TONGCO ET AL., DEFENDANTS, CLAUDIO SCOTT ET AL., DEFENDANTS AND APPELLANTS.
D E C I S I O N
J. STEVENS-ACTING CLERK OF COURT
This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________11th________day of ________May________, A. D. nineteen hundred and _________thirty-four________;
By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of ___________Manila________, dated the __________24th__________ day of __________February____________, nineteen hundred and ___________thirty-three____________, and from which the above-entitled appeal was taken, be, and the same is hereby , affirmed in all its parts, with costs against the appellants. Inasmuch as the penalty imposed is more than one year, the provisions of Act No. 4103 ; known as the Intermediate Sentence Law are applicable to the herein defendant-appellants, so than the maximum penalty which each of them should suffer is hereby fixed at one (1) year and one (1) day of prision correccional, and the minimum at four (4) months of arresto mayor, which penalty prescribed by law , to wit; arresto mayor in its medium degree to prision correccional in its minimum and medium degrees. The costs amount P24.00 for the collection of which the trial Judge shall proceed by summary proceedings.
It is further ordered that the said cause be remanded to the Court of First Instance.