People vs. Espino, et al., CA-G.R. No. 14029-R, Feb. 20, 1956

Father and son were convicted of qualified theft for stealing ten tender coconut fruits from two coconut trees in a coconut plantation, for the family's consumption. The court sentenced each of them to an indeterminate penalty of from four (4) months and one (1) day of arresto mayor to three (3) years, six (6) months and twenty-one (21) days of prision correccional, according to Art. 310 of the Revised Penal Code. 

The Court of Appeals held: In the light of the circumstances surrounding the case, we are of the belief that the degree of malice behind the appellants' felonious act does not warrant the imposition of so stiff a penalty as we are now constrained to mete out under the law. 

We recommend, therefore, that they be pardoned after they shall have served four (4) months of the penalty so imposed. Let a copy of this decision be forwarded to His Excellency,  the President of the Philippines, through the Honorable, the Secretary of Justice. (People vs. Espino, et al., CA-G.R. No. 14029-R, Feb. 20, 1956)

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