US V.

CATEQUISTA

GR NO. 926, December 9, 1902

FACTS:

The defendant, Paulo Catequista was convicted by the court below of the offense of lesions
menos graves under article 418 of the Penal Code. The first paragraph of the article provides that the
punishment of the offense is by “arresto mayor, or destierro and a fine of from 325 to 3,250 pesetas”.
The penalty imposed was two months and one day of arresto mayor and a fine of 325 pesetas.

ISSUE:

Whether or not the lower court erred in imposing the fine.

RULING:

The Supreme Court speaking through Justice Ladd declared that the lower court erred in
imposing the fine. The construction of the clause is indicated by the punctuation and is entitled to a
considerable weight. The Supreme Court stressed that the fine cannot be imposed as a part of the first
alternative penalty.