This case has been cited 3 times or more.
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2004-03-17 |
YNARES-SANTIAGO, J. |
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| and one (1) day to fourteen (14) years and eight (8) months. Applying the Indeterminate Sentence Law, appellant is entitled to a minimum term which shall be within the range of the penalty next lower than that prescribed for the offense, i.e., prision mayor, or from six (6) years and one (1) day to twelve (12) years.[36] Anent the civil liability of appellant, the trial court correctly ordered the payment of P50,000.00 as indemnity ex delicto, which needs no further proof other than the commission of the crime of homicide.[37] The award of moral damages in the | |||||
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2003-08-06 |
YNARES-SANTIAGO, J. |
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| The qualifying circumstances of minority and relationship must concur. More importantly, they must be both alleged and proved, in order to qualify the crime of Rape and warrant the imposition of the death penalty.[29] | |||||
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2003-02-28 |
AZCUNA, J. |
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| Neither may this circumstance be considered as a generic aggravating circumstance. The 2000 Revised Rules of Criminal Procedure now explicitly mandates that qualifying and aggravating circumstances must be stated in ordinary and concise language in the complaint or information.[24] When the law or rules specify certain circumstances that can aggravate an offense or that would attach to such offense a greater penalty than that ordinarily prescribed, such circumstances must be both alleged and proved in order to justify the imposition of the increased penalty.[25] | |||||