CRIMINAL LAW CASE DIGEST | PEOPLE V. CEMPRON, 187 SCRA 248

PEOPLE V. CEMPRON,

187 SCRA 248

TOPIC/DOCTRINE

In crimes punishable with death or life imprisonment provided the resulting penalty after considering the attendant circumstances, is reclusion temporal or less, the Indeterminate Sentence Law applies.

FACTS

This is an appeal interposed by accused Alfredo Cempron who was convicted of the crime of Murder by the Regional Trial Court of Bohol,1 Branch 3, for stabbing to death one Gregorio Gudelusao on November 1, 1982. Appellant alleges that the trial court erred in imposing the penalty of reclusion perpetua. Prosecution witness Agripino Lofranco, a barangay official in the place of the stabbing incident, positively testified that in the same evening of said incident appellant purposely went to him and sought his help in surrendering to the police authorities and he actually turned over appellant to them.

ISSUE

Does the ISLAW apply?

RULING

No.

The trial court failed to consider one (1) mitigating circumstance, that is, voluntary surrender. The court ruled that the penalty for murder is reclusion temporal maximum to death. Considering the mitigating circumstance of voluntary surrender, the imposible penalty would be the minimum period of the penalty provided for by law which has a range of 17 years 4 months and 1 day to 20 years. In crimes punishable with death or life imprisonment provided the resulting penalty, after considering the attending circumstances, is reclusion temporal or less, the Indeterminate Sentence Law applies. Applying the provisions of the Indeterminate Sentence Law, the minimum range of the indeterminate sentence is 10 years 1 day to 17 years 4 months and the maximum range is 17 years 4 months 1 day to 20 years.

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