This case has been cited 2 times or more.
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2003-05-08 |
QUISUMBING, J. |
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| The penalty for murder is reclusion perpetua to death, both indivisible penalties. Conformably with Art. 63, par. 3, of the Revised Penal Code, when the commission of the act is attended by one mitigating and there is no aggravating circumstance, the lesser penalty shall be imposed. Considering that the crime was not attended by the alleged circumstance of evident premeditation, the undisputed presence of the mitigating circumstance of voluntary surrender entitles appellant to the imposition of the minimum penalty for murder. Thus, the proper imposable penalty is reclusion perpetua, being the lesser penalty.[34] | |||||
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2001-01-16 |
DE LEON, JR., J. |
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| Hence, the trial court correctly convicted appellants of the crime of murder of Domingo and Robert Loveres, qualified by treachery, which absorbed the aggravating circumstance of abuse of superior strength.[79] | |||||