[ G.R. No. 5119, September 02, 1909 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. MIGUEL VILLAREAL, DEFENDANT AND APPELLANT.
D E C I S I O N
ARELLANO, C.J.:
HOMICIDE; ROBBERY; ARTICLE 11, PENAL CODE. From the court of First Instance of Manila.
Defendant was charged with homicide, with the aggravating circumstances of nocturnity, having killed a man while the latter was preventing him from commiting a robbery. The court below counterbalanced the aggravating circumstances of article 11, Penal Code, and sentenced the defendant to twelve years and one day of reclusion. Held: That when two circumstances are so balanced, the penalty should be imposed in its medium degree, as provided in rule 4, article 81 of the code; but as article 11 can not be considered in the crime of robbery, the proper penalty is twenty years of reclusion, with accessories and indemnity, and the judgment is so modified.
Per Arellano, C.J.
For appellant: Cayetano Hipolito.
For appellee: Solocitor-General Harvey.
Defendant was charged with homicide, with the aggravating circumstances of nocturnity, having killed a man while the latter was preventing him from commiting a robbery. The court below counterbalanced the aggravating circumstances of article 11, Penal Code, and sentenced the defendant to twelve years and one day of reclusion. Held: That when two circumstances are so balanced, the penalty should be imposed in its medium degree, as provided in rule 4, article 81 of the code; but as article 11 can not be considered in the crime of robbery, the proper penalty is twenty years of reclusion, with accessories and indemnity, and the judgment is so modified.
Per Arellano, C.J.
For appellant: Cayetano Hipolito.
For appellee: Solocitor-General Harvey.