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FIRST
DIVISION
THE
UNITED STATES,
Plaintiff-Appellee,
G.
R.
No. 9056
February
12, 1914
-versus-
GUY ANGLO,
Defendant-Appellant.
D
E C I S I
O N
TRENT,
J :
An appeal by the defendant,
Guy Angco, from a judgment of the Court of First Instance of the
Province
of Isabela, condemning him to be confined in Bilibid Prison for the
period
of one year and one day, to be deported from the Philippine Islands,
and
to pay the costs of the cause.
The defendant pleaded
not guilty to the charge of violating The Opium Law, and on March 7,
1913,
two witnesses were examined on behalf of the prosecution, who testified
to the facts as alleged in the Information. A certified copy of a
previous
judgment of the same Court convicting him form part of the evidence.
The
case was then continued until the following morning, at which time, the
defendant asked to be permitted to change his plea of "not guilty" and
to plead "guilty," and to be deported to China. He told the Court that
was the third time he had been convicted of the same offense.
Appellant's counsel
states:
"The accused has been
accorded a fair trial, but we believe that the court has erred in
sentencing
him to serve a term of imprisonment. Prisoners are an expense to the
Government
of the Philippine Islands and to imprison a man for a term and at the
end
thereof, to deport him, is a good deal like punishing the Government."
The Attorney-General says:
"It appears that
there
is no good reason for putting this Government to the expense of
maintaining
and doctoring this Chinaman for an entire year before deporting him. It
is, therefore, respectfully recommended that the sentence be modified,
and that the defendant be ordered deported forthwith."
We concur with the Attorney-General
and modify the judgment accordingly. A judgment directing the
deportation
of the appellant will be entered. Without costs in this instance.
Arellano, C.J.,
and Araullo, J., concur.
Separate
Opinions
MORELAND,
J.,
Concurring:
I concur because the
accused
himself asked to be deported. |
