Name: Ralph Earvin M.

Monsales HNU College of Law

Subject: Criminal Law II J.D. 1

Case Name:

The People of the Philippine Islands, plaintiff-appellee vs. Irineo Ibasco y Cabares,
defendant-appellant

Supreme Court En Banc, Jugo, J.

G.R. No. L-4009
October 19, 1951

Doctrine: Sufficiency of allegation of recidivism – The averment of former conviction

is a sufficient allegation of recidivism, without the conclusion “that the
accused is a recidivist.”

Necessity of Alleging “Final Judgment” to show recidivism – As a general

rule, we speak of a previous conviction in an information, it is understood
to be by final judgment

Facts: Defendant-appellant was charged with the crime of qualified theft. It was
alleged that he stole a motor vehicle on April 30, 1948. Said vehicle was
recovered in a badly damaged condition on May 9, 1948. It was also
contained in the information the detail that he was sentence for the crime
of Theft on February 21, 1943.

Upon arraignment he pleaded not guilty, but when called for trial, the
defendant, with the assistance of counsel, pleaded guilty to the charge.
He was convicted with the mitigating circumstance of plea of guilty but
with the aggravating circumstance of recidivism.

Issue/s: Whether or not

1) The lower court a quo erred in finding the presence of the
aggravating circumstance of recidivism;
2) The lower court a quo erred in sentencing the appellant to an
indeterminate penalty of imprisonment for a period ranging from 4
years, 9 months and 11 days of prision correccional, to 9 years, 4
months and 1 day of prision mayor, for qualified theft under article
310 of the RPC, as amended by R.A. No. 120.

Ruling: No, Court affirms judgment of the trial court and penalty imposed is
correct.

The Court held that averment of former conviction is a sufficient allegation

of recidivism. Also, the argument of the appellant that “the information in
the present case does not state that the former conviction for theft was by
final judgment” holds no merit. As a general rule, when we speak of a
previous conviction in an information, it is understood to be by final
judgment.