GR 38332; (December, 1933) (Digest)
G.R. No. 38332 , December 14, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. VALERIANO DUCOSIN, defendant-appellant.
FACTS
Valeriano Ducosin pleaded guilty to the crime of frustrated murder for stabbing Rafael Yanguas. The Court of First Instance of Manila sentenced him to a fixed penalty of ten years and one day of prision mayor. The case was appealed and referred to the Court en banc to apply the newly enacted Act No. 4103 , the Indeterminate Sentence Law, which took effect on December 5, 1933, after the appeal was lodged.
ISSUE
How should the Indeterminate Sentence Law ( Act No. 4103 ) be applied in imposing a sentence for a crime punished under the Revised Penal Code, specifically in determining the proper maximum and minimum penalties?
RULING
The Court modified the trial court’s sentence. Applying Act No. 4103 , the Court imposed an indeterminate sentence. The maximum penalty was set at ten years and one day of prision mayor (the proper penalty under the Revised Penal Code, considering the plea of guilty as an extenuating circumstance). The minimum penalty was set at seven years of imprisonment, which is within the range of the penalty next lower in degree (but not required to be the minimum of that lower degree). The Court outlined guiding principles for fixing the minimum penalty under the Indeterminate Sentence Law, considering factors such as the offender’s age, health, character, and the circumstances of the crime, to individualize the penalty and aim for reformation.
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