[ G.R. No. L-4406, March 31, 1952 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE VS. TIMOTEO OLGADO, ET AL., DEFENDANTS AND APPELLANTS.
D E C I S I O N
Murder and Frustrated Murder. The Court of First Instance of Quezon sentenced appellants for each of the two murders to an indeterminate penalty ranging from 10 years and 1 day of prision mayor to 17 years, 4 months and 1 day of reclusion
temporal, with the accessory penalties provided for by law, plus indemnity to the heirs, and costs. For the crime of frustrated murder they were sentenced each to imprisonment from 4 years, 2 months and 1 day of prision correccional to 10 years and 1
day of prision mayor, with the accessory penalties and to pay the costs.
Judgment modified whereby defendant Olgado is sentenced to suffer the penalty of reclusion perpetua, for each of the murders. Both appellants were given a term of imprisonment for frustrated murder of not less, than four years two months and one day of prision correccional nor more than twelve years and one day of reclusion temporal.
The maximum period of confinement of the appellants however, shall not exceed 40 years. With these modifications the appealed decision is affirmed, with costs.
Judgment modified whereby defendant Olgado is sentenced to suffer the penalty of reclusion perpetua, for each of the murders. Both appellants were given a term of imprisonment for frustrated murder of not less, than four years two months and one day of prision correccional nor more than twelve years and one day of reclusion temporal.
The maximum period of confinement of the appellants however, shall not exceed 40 years. With these modifications the appealed decision is affirmed, with costs.