---

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1741            March 25, 1905

THE UNITED STATES, complainant-appellee,
vs.
CEFERINO IBRADO, ET AL, defendants-appellants.

Juan Sumulong for appellants.
Office of the Solicitor-General Araneta for appellee.

CARSON, J.:

The evidence in this case fully sustains the findings of the trial court and establishes the guilt of the accused beyond a reasonable doubt, and we find no error in the proceedings prejudicial to the rights of the accused, except that in the sentence imposed it is ordered that in case of insolvency the accused should suffer subsidiary imprisonment at the rate of 12 ½ pesetas a day on account of unpaid costs.

There is no provision in the Penal Code for the imposition of subsidiary imprisonment on account of on payment of costs, and the sentence should therefore be modified so as to omit said provisions, and thus modified it should be affirmed. So ordered.

Arellano, C.J., Torres, Mapa and Johnson, JJ., concur.

The Lawphil Project - Arellano Law Foundation

---