Computation of penalty for homicide - G.R. No. 190861

G.R. No. 190861

"x x x.


Hence, the CA modified the penalty imposed by the trial court. In the dispositive portion of the CA's decision, it imposed the penalty of “imprisonment anywhere within the range of six (6) years and one (1) day to twelve (12) years of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months of reclusion temporal medium, as maximum.” This is a wrong application of the Indeterminate Sentence Law; although the CA claims to have applied the Indeterminate Sentence Law in arriving at the penalty imposed, the wordings used (i.e., anywhere within the range of) and the actual penalty imposed are confusing, if not misleading. If not corrected, the prison official tasked to determine if the convicted accused has already served the minimum sentence will now be given the discretion to fix the minimum of the sentence, which duty can only be exercised by the court.

The penalty for homicide under Article 249 of the Revised Penal Code is reclusion temporal. In the absence of any modifying circumstance proven by the prosecution or by the defense, the penalty shall be imposed in its medium period. Applying the Indeterminate Sentence Law, the appellant can be sentenced to an indeterminate penalty whose minimum shall be within the range of prision mayor (the penalty next lower in degree to that provided in Article 249) and whose maximum shall be within the range of reclusion temporal in its medium period.

There being no mitigating or aggravating circumstance proven in the present case, the penalty should be applied in its medium period of fourteen (14) years, eight (8) months, and one (1) day to seventeen (17) years and four (4) months.[27]

Thus, applying the Indeterminate Sentence Law, the maximum penalty will be selected from the above range, with the minimum penalty being selected from the range of the penalty one degree lower than reclusion temporal, which is prision mayor (six [6] years and one [1] day to twelve [12] years). Hence, the indeterminate sentence of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal, as maximum, should be imposed.

WHEREFORE, the Decision dated May 29, 2009 of the Court of Appeals, affirming with modification, the Decision dated April 23, 2004 of the Regional Trial Court, Branch 13, Carigara, Leyte, finding appellant Lino Duavis guilty beyond reasonable doubt of the crime of homicide is hereby AFFIRMED with the MODIFICATION that the penalty imposed, after applying the Indeterminate Sentence Law is imprisonment of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal, as maximum.

SO ORDERED.

x x x."