RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES.
ARTICLE 63, REVISED PENAL CODE.
"Under ART. 248 of the REVISED PENAL CODE, as AMENDED by R.A. No. 7659, MURDER shall be punishable by the penalty of RECLUSION PERPETUA TO DEATH. It is composed of TWO INDIVISIBLE PENALTIES, warranting the application of ARTICLE 63 OF THE REVISED PENAL CODE, viz:
ARTICLE 63. RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES. - In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of TWO INDIVISIBLE PENALTIES, the following RULES shall be observed in the APPLICATION thereof:
1. When in the commission of the deed there is present ONLY ONE
AGGRAVATING CIRCUMSTANCE, the GREATER PENALTY shall be applied.
2. When there are NEITHER MITIGATING NOR AGGRAVATING CIRCUMSTANCES in the commission of the deed, the LESSER PENALTY shall be applied.
3. When the commission of the act is attended by SOME MITIGATING CIRCUMSTANCES and there is NO AGGRAVATING CIRCUMSTANCES, the LESSER PENALTY shall be applied.
4. When BOTH MITIGATING AND AGGRAVATING CIRCUMSTANCES attended the commission of the act, the courts shall reasonably allow them to OFFSET ONE ANOTHER in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. (emphasis supplied)
Clearly, the RTC PROPERLY IMPOSED the penalty of RECLUSION PERPETUA.
X x x."
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
JONAS PANTOJA Y ASTORGA, Accused-Appellants
G.R. No. 223114, November 29, 2017.
