Case Summary (G.R. No. 38332)
Facts of the Case
On September 30, 1932, Ducosin was tried for the crime of frustrated murder related to an incident on September 23, 1932, where he attacked Rafael Yanguas with a knife, inflicting wounds from which Yanguas did not die due to medical intervention. Ducosin was arraigned, pled guilty, and was sentenced to ten years and one day of prision mayor, along with accessory penalties and costs.
Applicable Law
The relevant legal framework is primarily based on the Revised Penal Code, particularly Article 248, which defines the penalties for murder. It is also governed by Act No. 4103, the Indeterminate Sentence Law, which requires a different approach to sentencing by establishing a minimum and maximum term for prison sentences.
Sentencing Under the Revised Penal Code
According to the Revised Penal Code, the penalty for murder ranges from reclusion temporal in its maximum period to death. For frustrated murder, the penalty is set one degree lower, constituting prision mayor in its maximum to medium period (ten years and one day to seventeen years and four months). Given that Ducosin pled guilty, he benefited from the mitigating circumstance, allowing the court to fix his sentence towards the lower end, between ten years and one day to twelve years.
Changes Under the Indeterminate Sentence Law
With the enactment of Act No. 4103, following Ducosin's conviction, the court needed to adjust his sentence according to this new law. Under this act, every convicted individual must have their sentence re-evaluated to establish both a minimum and maximum term. The law stipulates a minimum period of imprisonment that cannot be lower than the minimum term of the next lower penalty for the offense.
Determining the Maximum and Minimum Penalty
The maximum penalty for Ducosin remains ten years and one day of prision mayor, a determination made under the provisions of the Revised Penal Code. The minimum penalty, however, presents a new aspect in the light of the Indeterminate Sentence Law. The court, upon reviewing the applicable laws, recognizes that the minimum must be determined by considering the next lower penalty of prision correccional, which ranges from four years, two months and one day to ten years. Here, the court has discretion to set the minimum period as appropriate.
Factors in Imposing Minimum Sentence
The Indeterminate Sentence Law emphasizes individual circumstances of the offender. Factors to be considered when determining the minimum sentence include the age, health, mental state, previous conduct, and the specifics regarding the crime itself. The law’s intent is to provide a tailored approach, aiming to rehabilitate rather than punish excessively.
Final Sentencing Decision
In Ducosin's case, given the l
...continue readingCase Syllabus (G.R. No. 38332)
Case Overview
- This case involves an appeal from Valeriano Ducosin, who was convicted of the crime of frustrated murder by the Court of First Instance of Manila.
- The appeal addresses the interpretation and application of Act No. 4103, known as the "Indeterminate Sentence Law," as it applies to Ducosin's sentencing.
Background of the Case
- The incident occurred on September 23, 1932, in Manila, where Ducosin attacked Rafael Yanguas with a knife, inflicting several wounds.
- The information filed against Ducosin stated that he acted with intent to kill but did not succeed due to timely medical intervention.
- Ducosin pleaded guilty to the charge and was sentenced to ten years and one day of prision mayor, along with accessory penalties.
Legal Framework
- Act No. 4103 (Indeterminate Sentence Law) became effective on December 5, 1933.
- Section 1 mandates that courts impose both a minimum and a maximum term of imprisonment for offenses, particularly those not covered by the Revised Penal Code.
- Section 2 outlines exclusions from the Act, including serious crimes such as treason and those with maximum sentences of one year or less.
- A "Board of Indeterminate Sentence" is established under Section 3, tasked with evaluating prisoners for parole eligibility.
Sentencing Under the Revised Penal Code
- The penalty for the consummated felony of murder is reclusion tempo