People vs.

Dionisio
G.R. No. L-25513, March 27, 1968

Facts:

Rosauro Dionisio was charged with violating Republic Act No. 3063. The accused being not duly
authorized by the Games and Amusement Board to conduct a horse race, did and there willingly and
unlawfully, offer, arrange and collect bets for the Special Daily Double Race conducted in Sta. Ana Racing
Club. The Court of First Instance of Manila found him guilty beyond reasonable doubt and accordingly
sentenced him “to suffer one month imprisonment”.

Dionisio appealed to the Court arguing that the penalty applied to him is harsh and infringes the
constitutional provision that:
Article 3, Sec. 19 – Excessive fines shall not be imposed nor cruel and unusual
punishment inflicted.

Issue:

Whether the “one month imprisonment” imposed by the Court of First Instance is harsh and infringes
the provision of excessive fines under Article 3, Section 19.

Ruling:

The decision of the Court of First Instance is affirmed.

Neither fines nor imprisonment constitute in themselves cruel and unusual punishment. The
constitutional stricture has been interpreted to penalties that are inhuman and barbarous, or
shocking to the conscience. Fines and imprisonment are definitely not in this category.

Nor does mere severity constitute cruel and unusual punishment. In People vs. Estoista;
It takes more than merely being harsh, excessive, out of proportion, or severe for a penalty to
be obnoxious to the Constitution. “The fact that the punishment authorized by the statute is
severe does not make it cruel and unusual”.

It has been held that to come under the ban, the punishment must be “flagrantly and plainly
oppressive”, “wholly disproportionate to the nature of the offense as to shock the moral sense of the
community”. Having in mind the necessity for a radical measure and the public interest at stake, we do
not believe that: five years confinement for possessing firearms, even as applied to the appellant’s and
similar cases can be said to be cruel and unusual, barbarous, or excessive to the extent of being shocking
to public conscience.