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    G.R .

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    Alvin Earl Nuyda
    Wilforiano Cesar alias Junior was charged with direct assault with murder in the Municipal Court of Carmen, Bohol. The Court of First Instance of Bohol found him guilty as charged. On appeal, the Supreme Court upheld the conviction, finding that Cesar had two mitigating circumstances - minority and a guilty plea - requiring imposition of the next lower penalty under the Revised Penal Code. The Court therefore imposed the minimum period for the penalty of prision mayor.

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    G.R .

    Uploaded by

    Alvin Earl Nuyda
    54 views1 page
    Wilforiano Cesar alias Junior was charged with direct assault with murder in the Municipal Court of Carmen, Bohol. The Court of First Instance of Bohol found him guilty as charged. On appeal, the Supreme Court upheld the conviction, finding that Cesar had two mitigating circumstances - minority and a guilty plea - requiring imposition of the next lower penalty under the Revised Penal Code. The Court therefore imposed the minimum period for the penalty of prision mayor.

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    CRIM 1

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    Wilforiano Cesar alias Junior was charged with direct assault with murder in the Municipal Court of Carmen, Bohol. The Court of First Instance of Bohol found him guilty as charged. On appeal, the Supreme Court upheld the conviction, finding that Cesar had two mitigating circumstances - minority and a guilty plea - requiring imposition of the next lower penalty under the Revised Penal Code. The Court therefore imposed the minimum period for the penalty of prision mayor.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views1 page

    G.R .

    Uploaded by

    Alvin Earl Nuyda
    Wilforiano Cesar alias Junior was charged with direct assault with murder in the Municipal Court of Carmen, Bohol. The Court of First Instance of Bohol found him guilty as charged. On appeal, the Supreme Court upheld the conviction, finding that Cesar had two mitigating circumstances - minority and a guilty plea - requiring imposition of the next lower penalty under the Revised Penal Code. The Court therefore imposed the minimum period for the penalty of prision mayor.

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    © All Rights Reserved
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    of 1

    The People of the Philippines vs.

    Wilforiano Cesar alias Junior


    GR No. L- 26185, March 13, 1968
    Bengzon, J.P., J.

    FACTS. This is an appeal from a decision of the Court of First Instance of Bohol in Criminal Case No. 4258.
    The accused, Wilforiano Cesar alias Junior was charged of direct assault with murder and was given the
    appropriate penalty with the crime committed in the Municipal Court of Carmen Bohol.

    ISSUE. Whether or not the decision of the Court is with merit.

    RULING/DECISION. The decision of the Court of First Instance of Bohol about the accused is with merit.
    The accused has to his credit two mitigating circumstances: the special privileged mitigating
    circumstance of minority and the ordinary mitigating circumstance of plea of guilty. Therefore, under Art.
    64, par. 5 of the Revised Penal Code, the penalty imposable is the penalty next lower to that prescribed
    by law. Under Art. 71, Revised Penal Code, the penalty next lower to reclusion temporal is prision mayor.
    Because of the complex nature of the crime committed by accused-appellant, the penalty of prision
    mayor is to be applied in its maximum period. However, having in his favour the ordinary mitigating
    circumstance of plea of guilty without any offsetting aggravating circumstance, applying Art. 64, par. 2
    of the Revised Penal Code, the penalty of prision mayor maximum should be imposed in its minimum
    range.

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