CRIMINAL LAW CASE DIGEST | PEOPLE V. ONG TA, 70 PHIL. 553

PEOPLE V. ONG TA,

70 PHIL. 553

FACTS

That on or about the 30th day of December, 1937, in the City of Manila, Philippines, the said accused, with intent to kill and with evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and wound with a knife or sharp instrument one Chan Suy Hua inflicting upon him several wounds on the stomach and other parts of his body, which wounds directly caused the death of the said Chan Suy.

ISSUE

The question involved in this appeal refers to the applica­tion of the proper penalty.

RULING

The court held that the penalty for murder is reclusion temporal in its maximum period to death. (Art. 248, Revised Penal Code.) Appellant having committed the crime while a minor, over 15 and under 18 years of age, the penalty next lower in degree than that prescribed by law, shall be imposed in the proper period; that is, prision mayor in its maximum period, to reclusion temporal in its me­dium period. Considering the mitigating circumstance of plea of guilty, which is not offset by any aggravating circumstance, the penalty should be imposed in its minimum period or from ten years and one day to twelve years of prision mayor. In the present case, paragraph 2 of article 68 of the Revised Penal Code should be applied and in accordance with the Indeterminate Sentence Law, which the trial court failed to apply, the appel­lant should be, and is hereby, sentenced to an indeterminate penalty of from five years of prision correccional to ten years and one day of prision mayor.

 

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