This case has been cited 1 times or more.
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2002-01-10 |
QUISUMBING, J. |
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| Coming now to the propriety of the sentences imposed on appellant. Without any mitigating or aggravating circumstance, the penalty for homicide is reclusion temporal, imposed in its medium period. Applying the Indeterminate Sentence Law, appellant's sentence should be prision mayor to reclusion temporal in its medium period, for the death of Palmero Milanes. The penalty for frustrated homicide, which is one degree lower, is prision mayor,[40] imposed in its medium period. Again applying the Indeterminate Sentence Law, appellant should be sentenced to prision correccional to prision mayor in its medium period,[41] for the frustrated homicide in the stabbing of SPO1 Cura. | |||||