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Appellant
is not, therefore, entitled to this mitigating circumstance of
passion and obfuscation.
In conclusion, I hold that the crime committed is mur
der, and that there being no mitigating circumstance to
compensate the aggravating circumstance of dwelling, the
penalty should be imposed in its maximum degree. How
ever, because of the absence of the necessary number of
votes to impose said penalty, the same should be reclusion
perpetua.
Pablo and Tuason, J., concur,
Judgment affirmed with modification.
_______________
[No. L6055,June 12, 1953]
VS.
OF
OF
REVEALING
THE
OWNERSHIP
OF THE
CAPITAL
OF A
334
CERTAIN FACT,
NOT
335
the capital stock subscribed to by Baylon and the money
paid thereon were American citizens whose names did not
appear in the articles of incorporation, and that the pur
pose for making this false statement was to circumvent the
constitutional mandate that no corporation shall be
authorized to operate as a public utility in the Philippines
unless 60 per cent of its capital stock is owned by Filipinos.
Found guilty after trial and sentenced to a term of
imprisonment and a fine, the accused has appealed to this
Court.
The essential facts are not in dispute. On November 4,
1946, the Pacific Airways Corporation registered its ar
ticles of incorporation with the Securities and Exchange
Commission. The articles were prepared and the regis
tration was effected by the accused, who was in fact the
organizer of the corporation. The articles stated that the
primary purpose of the corporation was to carry on the
business of a common carrier by air, land or water that its
capital stock was P1,000,000, represented by 9,000
preferred and 100,000 common shares, each preferred
share being of the par value of P100 and entitled to 1/3 vote
and each common share, of the par value of P1 and entitled
to one vote that the amount of capital stock actually
subscribed was P200,000, and the names of the subscribers
were Arsenio Baylon, Eruin E. Shannahan, Albert W.
Onstott, James O'Bannon, Denzel J. Cavin, and William H.
Quasha, the first being a Filipino and the other five all
Americans that Baylon's subscription was for 1,145
preferred shares, of the total value of P114,500, and for
6,500 common shares, of the total par value of P6,500,
while the aggregate subscriptions of the American
subscribers were for 200 preferred shares, of the total par
value of P20,000, and 59,000 common shares, of the total
par value of P59,000 and that Baylon and the American
subscribers had already paid 25 per cent of their respective
subscriptions. Ostensibly the owner of, or subscriber to,
60.005 per cent of the subscribed capital
336
336
337
You can do that', I said. They all knew Arsenio. He is a very kind
man and that was what was done. That is how it came about."
338
339
340
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