GR 43126; (July, 1935) (Digest)
G.R. No. 43126 ; July 5, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SEVERO FONTABLA Y FORTO, defendant-appellant.
FACTS
The appellant, Severo Fontabla y Forto, was charged with murder for the treacherous and premeditated killing of Agaton Punzalan. He pleaded guilty upon arraignment. The trial court allowed him to testify to determine the presence of mitigating circumstances. After hearing his testimony, the court found him guilty of murder, considered the mitigating circumstance of his plea of guilty, and sentenced him to reclusion perpetua, an indemnity of P500 to the heirs, and costs.
ISSUE
Whether the trial court erred in not considering the appellant’s voluntary surrender as an additional, separate mitigating circumstance that, together with his plea of guilty, would outweigh the aggravating circumstance of premeditation, thereby warranting the imposition of the penalty in its minimum period.
RULING
Yes. The Supreme Court modified the trial court’s decision. It held that both the plea of guilty and the voluntary surrender to authorities are separate and independent mitigating circumstances under Article 13, subsection 7 of the Revised Penal Code. When both are present, they should be counted as two distinct mitigating circumstances. In this case, the two mitigating circumstances (plea of guilty and voluntary surrender) outweighed the one aggravating circumstance (premeditation). Consequently, the penalty should be imposed in its minimum period. The Court modified the sentence to an indeterminate penalty of twelve years and one day of reclusion temporal, as minimum, to seventeen years, four months and one day of reclusion temporal, as maximum, and increased the indemnity to P1,000. The rest of the decision was affirmed.
AI Generated by Armztrong.