Case Summary (G.R. No. 176566)
Procedural Background
The Petitioner, Eliseo Eduarte y Coscolla, filed a Motion for Reconsideration, Compassion, and Reduction of Penalty dated May 26, 2009, following the affirmation of his conviction by the Court of Appeals on April 16, 2009. The appellate court’s decision, which was dated August 12, 2004, sentenced him to a prison term ranging from four years and two months of prision correccional as the minimum to a maximum of eight years of prision mayor. Moreover, he was ordered to pay ₱8,875.00 in restitution to private complainant Catherine Navarra.
Petitioner’s Plea for Sentencing Relief
In his motion, the Petitioner acknowledged the unlikelihood of overturning the guilty verdict but sought mercy from the court to reduce the maximum term of his sentence to six years. He expressed concern for his family, asserting his role as the sole breadwinner. Unemployed due to imprisonment, the burden would shift to his wife, who was unable to care for their children if she took a job outside the home. The Petitioner underscored his clean criminal record aside from the present case and provided various certifications attesting to his good moral character.
Legal Framework of the Offense
The penalty for the offense of simple robbery, addressed under Article 294 of the Revised Penal Code, stipulates different ranges of penalties based on the degree of violence or intimidation involved. Specifically, any person guilty of robbery with violence or intimidation faces penalties ranging from prision correccional in its maximum period to prision mayor in its medium period. The applicable framework under the Indeterminate Sentence Law allows for flexibility in sentencing, wherein the court determines a minimum term that is within the range of a lesser penalty.
Correction of Sentencing Parameters
The decision dated April 16, 2009 contained an inadvertence regarding the classification of the prison term. Upon reevaluation, it was clarified that the medium period of the maximum term of the indeterminate sentence should be adjusted to reflect the range of six years, one month, and eleven days to eight years and twenty days. This correction prompted a reassessment of the Petitioner’s sentence terms.
Reevaluation of Sentencing and Mitigating Circumstances
In determining the appropriate penalty and considering the circumstances surrounding the Petitioner’s case, the court exercised its discretion to lower the minimum term to four months and one day of arresto mayor. The circumstances, including long-standing employment and community involvement, supported this decision. Moreover, the court acknowledged the presence of mitigating factors, particularly emphasizing the absence of resistance upon arrest, suggesting a degree of cooperation that warranted consideration under Article 13 of
...continue readingCase Syllabus (G.R. No. 176566)
Case Background
- The case revolves around Eliseo Eduarte y Coscolla, the accused-appellant, who was convicted of robbery.
- The initial conviction was affirmed by the Court of Appeals on August 12, 2004.
- The sentence included a prison term ranging from 4 years and 2 months (minimum) to 8 years (maximum) and a restitution payment of P8,875.00 to the private complainant, Catherine Navarra.
Motion for Reconsideration
- On May 26, 2009, the accused-appellant filed a motion for reconsideration, compassion, and reduction of penalty.
- The motion reflected his understanding that overturning the guilty verdict was unlikely.
- Eduarte appealed for a reduction of his maximum sentence to six years to enable him to apply for probation.
Personal Circumstances of the Accused
- Eduarte has been employed at Unilever Philippines for over 15 years and is the sole provider for his family, which includes a wife and two children.
- His wife is a housewife and would have to work as a domestic helper if he were imprisoned, leading to a lack of care for their children.
- The accused-appellant emphasized his lack of prior criminal record and submitted multiple character certifications from superiors, a parish priest, and the barangay chairperson to support his good moral character.
Legal Provisions and Penalties
- The penalty for simple robbery is defined under Article 294 o