People vs Salazar No. L7490, January 21, 1958

The second paragraph of Art. 5 of the Revised Penal Code has no application to the offense defined and penalized by a special law. 

Appeal from the decision of the CFI of Manila finding appellant guilty of illegal possession of a sub machine gun and sentencing him to five years imprisonment and to pay costs. Appellant contends that the trial judge erred in not recommending executive clemency inasmuch as the weapon had already been forfeited to the Government, and no showing was made that he was a hardened criminal. He obviously referred to the provision of Article 5 of the Revised Penal Code; whereas the legal provision violated by appellant is another piece of legislation. Besides, no questioning was made in the hearing, and no manifestation whatsoever were uttered either by the accused or by his counsel to explain the circumstances surrounding the case. Consequently no elements appear of record in the light of which could be appreciated the degree of malice of the injury caused by the offense.


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