G. R. No. 39622

THE PEOPLE OF THE PHILIPPINE ISLANDS , PLAINTIFF AND APPELLEE, VS. ADOLFO ABAYA, DEFENDANT AND APPELLANT. D E C I S I O N

[ G. R. No. 39622. May 24, 1934 ] G. R. No. 39622

[ G. R. No. 39622. May 24, 1934 ]

THE PEOPLE OF THE PHILIPPINE ISLANDS , PLAINTIFF AND APPELLEE, VS. ADOLFO ABAYA, DEFENDANT AND APPELLANT. D E C I S I O N

J. STEVENS-ACTING CLERK OF COURT

This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________8th________day of May, A. D. nineteen hundred and _thirty-four;

By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of Iloilo, dated the 31st day of March, nineteen hundred and thirty-three, and from which the above-entitled appeal was taken, be, and the same is hereby, modified and the defendant is found guilty of the crime as charged and is sentenced to imprisonment for 4 months and day of arresto mayor, an additional penalty of 3 years, 6 months and 21 days, indemnify the offended party in the sum of P800.00, with subsidiary imprisonment in case of insolvency , and to pay the costs. The costs amount to P24.00 for the collection of which the trial Judge shall proceed by summary proceedings.

It is further ordered that the said cause be remanded to the Court of First Instance.