Alcantara vs Director of Prisons Case Digest GR No. L-6, November 29, 1945

Alcantara vs Director of Prisons Case Digest

Alcantara vs Director of Prisons Case Digest


Facts

Petitioner Aniceto Alcantara was convicted of the crime of illegal discharge of firearms with less serious physical injuries. The Court of Appeals modified the sentence to an indeterminate penalty from Arresto mayor to prison correctional.

Issue

Is the judgment of the Court of Appeals food and valid?


Government of the Philippine Islands vs. Monte de Piedad Case Digest


Ruling

The judgment of the court is good and valid for the sentence which the petitioner is now serving has no political complexion.

A penal sentence is said to be of a political complexion when it penalized a new act not defined in the municipal laws or acts already penalized by the latter as a crime against the legitimate government but taken out of territorial law and penalized as new offenses committed against the belligerent occupant which necessary for the control of the occupied territory and the protection of the army of the occupier.

The petition for writ of habeas corpus is denied.


Alcantara vs Director of Prisons Case Digest

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