GR L 69885; (June, 1985) (Digest)
G.R. No. L-69885 June 27, 1985
FRANCISCO ESGUERRA, petitioner, vs. THE PEOPLE OF THE PHILIPPINES AND HON. PABLO S. VILLANUEVA, in his capacity as Presiding Judge, Branch VI, Regional Trial Court, Malolos, Bulacan, respondents.
FACTS
Francisco Esguerra was convicted of murder, qualified by evident premeditation, by the Court of First Instance of Bulacan. The trial court found the presence of two mitigating circumstances: voluntary surrender and intoxication that was neither habitual nor intentional. No aggravating circumstances were present. Accordingly, the court imposed an indeterminate prison sentence of ten years and one day, as a minimum, to twelve years, as a maximum.
Esguerra filed a petition, contending that the trial court erred in applying the law on penalties and the Indeterminate Sentence Law. He specifically argued that the minimum penalty imposed was incorrect given the two mitigating circumstances. He prayed for a modification of his sentence, proposing that the minimum term be lowered to four years, two months, and one day of prision correccional.
ISSUE
Whether the trial court correctly determined the applicable minimum and maximum penalties under the Revised Penal Code and the Indeterminate Sentence Law, considering the presence of two mitigating circumstances and the absence of any aggravating circumstance.
RULING
The Supreme Court found the petition partly meritorious. The prescribed penalty for murder under Article 248 of the Revised Penal Code is reclusion temporal in its maximum period to death. Pursuant to Article 65(5) of the same Code, with two mitigating circumstances and no aggravating circumstance, the penalty should be lowered by one degree. The applicable penalty thus became prision mayor in its maximum period to reclusion temporal in its medium period, or 10 years and 1 day to 17 years and 4 months.
Applying the Indeterminate Sentence Law, the maximum term of the indeterminate sentence must be within this range. The trial court’s imposition of 12 years as the maximum was correct, as it falls within 10 years and 1 day to 17 years and 4 months. However, the minimum term must be taken from the penalty one degree lower than the prescribed penalty after considering the mitigating circumstances. This lower degree is prision correccional in its maximum period to prision mayor in its minimum period, or 4 years, 2 months, and 1 day to 10 years. The trial court’s minimum of 10 years and 1 day was erroneous, as it exceeded the ceiling of this range.
The Court, adopting the Solicitor General’s recommendation, modified the sentence. Esguerra was sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor, as minimum, to 12 years of prision mayor, as maximum. The petition was partly granted.