This case has been cited 3 times or more.
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2006-12-06 |
YNARES-SANTIAGO, J. |
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| Since there was no qualifying circumstance proved, the crime committed by appellant is not murder but only homicide. Under Article 249 of the Revised Penal Code, the applicable penalty for homicide is only reclusion temporal. As there is neither aggravating nor mitigating circumstance found by the trial court or shown after a review of the records, the penalty in this case shall be fixed at reclusion temporal in its medium period pursuant to Article 64(1) of the Revised Penal Code, which ranges from a minimum of 14 years, 8 months and 1 day to a maximum of 17 years and 4 months. Applying the Indeterminate Sentence Law, the imposable penalty shall be within the range of prision mayor in any of its period as a minimum to reclusion temporal in its medium period as the maximum. The range of prision mayor is from 6 years and 1 day to 12 years, while reclusion temporal in its medium period, ranges from 14 years, 8 months and 1 day to 17 years and 4 months.[28] | |||||
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2002-11-27 |
QUISUMBING, J. |
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| Code is reclusion perpetua. With respect to damages, we find the award of civil indemnity of P50,000 in order. However, pursuant to current jurisprudence, the heirs of the victim are entitled to another P50,000 as moral damages, without need of further proof.[63] | |||||