GR 123991; (December, 1996) (Digest)
G.R. No. 123991 December 6, 1996
FELIX LADINO, petitioner, vs. HON. ALFONSO S. GARCIA and PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioner Felix Ladino and his co-accused, Restituto Amistad, were charged with the special complex crime of robbery with homicide. During the trial, both accused offered to plead guilty to the lesser offense of simple homicide. The private complainant (the victim’s widow) and the public prosecutor expressed their conformity, which the trial court approved.
Consequently, the Regional Trial Court found the accused guilty of homicide. It sentenced each to an indeterminate penalty of 14 years, 8 months, and 1 day as minimum, to 17 years, 4 months, and 1 day as maximum. The accused moved for reconsideration, arguing the penalty imposed violated the Indeterminate Sentence Law. The trial court denied the motion, prompting this petition.
ISSUE
Whether the trial court correctly applied the Indeterminate Sentence Law in imposing the penalty for the crime of homicide after a valid plea bargain.
RULING
The Supreme Court ruled that the trial court erred in imposing the indeterminate sentence. The penalty for homicide under Article 249 of the Revised Penal Code is reclusion temporal in its entire extent. With no modifying circumstances, the penalty should be imposed in its medium period, which is 14 years, 8 months, and 1 day to 17 years and 4 months. This medium period becomes the basis for the maximum term of the indeterminate sentence.
The trial court’s maximum term of 17 years, 4 months, and 1 day exceeded the allowable maximum by one day. More importantly, the court disregarded the mandate of the Indeterminate Sentence Law that the minimum term must be within the range of the penalty next lower in degree, which for homicide is prision mayor. The fact that the conviction resulted from a plea bargain for a lesser offense is immaterial; once the court approved the plea to homicide, the penalty must be based solely on that crime. The Indeterminate Sentence Law applies in full, as the accused are not among its exceptions.
The Court modified the penalty. Applying the law, the maximum term is properly set at 17 years and 4 months of reclusion temporal. The minimum term, within the range of prision mayor, is set at 10 years. This favorable modification also applies to the non-appealing co-accused, Restituto Amistad, pursuant to the rules on appeals by multiple accused.