PEOPLE V. LEE, JR., 132 SCRA 66

PEOPLE V. LEE, JR.,

132 SCRA 66

TOPIC/DOCTRINE

Application of the Indeterminate Sentence Law mandatory where imprisonment would exceed one year.

FACTS

This case is about the correctness of the sentence rendered by Judge German G. Lee, Jr., who imposed on Roman Amil, 57, a straight penalty of six years and one day of prision mayor for homicide. He applied the rule in People vs. Nang Kay, 88 Phil. 515, involving a conviction for illegal possession of firearms which is punished by imprisonment for not less than five years and not more than ten years.

ISSUE

Is the penalty correct?

RULING

No.

The court held that the instant case is not a prosecution under a special law. It is a homicide case. The application of the Indeterminate Sentence Law is mandatory if the imprisonment would exceed one year. Judge Lee found that the homicide was attended by the two generic mitigating circumstances provocation and voluntary surrender to the authorities. There was no aggravating circumstance. Hence, the penalty of reclusion temporal must be lowered by one degree or to prision mayor. The maximum of the indeterminate sentence should be taken from prision mayor minimum. By applying the Indeterminate Sentence Law, the penalty has to be reduced by one degree or to prision correccional from which the minimum sentence has to be taken.

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