People V Cesar Additional Case

People v.
Cesar (Tagle) Ruling: As a complex crime, the penalty for the more serious crime should be
G.R No. L-26185| March 13, 1968 | Judge | Article 64 imposed, the same to be applied in its maximum period. The more serious crime is
PLAINTIFF-APPELLEE: People of the Philippines homicide punishable by reclusion temporal.
ACCUSED-APPELLANT: Wilforiano Cesar alias Junior
In this case, following circumstance was considered: the privileged mitigating
Doctrine: circumstance of minority and the ordinary mitigating circumstance of plea of
TC: Found guilty of the complex crime of direct assault upon a person in authority guilty. Under Art. 64, par. 5 of the RPC, the penalty imposable is the penalty
with homicide, with a special or privileged mitigating circumstance of minority next lower to that prescribed by law. Under Art. 71, Revised Penal Code, the
and spontaneous plea of guilty. Sentenced to an indeterminate penalty of from 12 penalty next lower to reclusion temporal is prision mayor. Because of the complex
years and 1 day of reclusion temporal, as minimum, to 14 years, 8 months and 1 nature of the crime committed by accused-appellant, the penalty of prision mayor is
day of reclusion temporal, as maximum. With all the accessory penalties provided to be applied in its maximum period. However, having in his favor the ordinary
by law, and to pay damages to the heirs of the deceased in the amount of P7,500.00. mitigating circumstance of plea of guilty without any offsetting aggravating
Credited 1/2 of his preventive imprisonment from March 10, 1966, until this circumstance, applying Art. 64, par. 2, the penalty of prision mayor max.
decision becomes final. should be imposed in its min. range.
The lower court erred in the imposition of the correct penalty — despite its proper
appreciation of mitigating circumstance of minority and plea of guilty— because it
Issue: Whether or not the lower court erred in the imposition of correct penalty,
applied first the imposable penalty to its maximum degree and then imposed the
considering circumstance of minority and the plea of guilty.
penalty immediately inferior to it.
Facts:
The proper method is to start from the penalty imposed by the RPC, i.e., reclusion
1. On March 1966, Wilforiano Cesar (student of St. Anthony's Academy in Bohol)
temporal; then apply the privileged mitigating circumstance of minority and
went out to buy a notebook from a store where he met his friend who offered
determine the penalty immediately inferior in degree, i.e., prision mayor; and finally
him tuba. He drank two glasses and returned to his classes. He was able to attend
apply the same in its max. degree but within the min. range thereof because of the
his classes and remember the subjects. After classes, he stood by the flagpole
ordinary mitigating circumstance of plea of guilty. Prision mayor being the max. of
where he met and stabbed with a knife Segundo Sarce Jr., (Acting Principal
the indeterminate sentence, the min. of the indeterminate penalty is within the range
Teacher). Sarce died and Cesar fled.
of the penalty next lower to it as prescribed by the Revised Penal Code, i.e., prision
2. The policemen went to the house of Cesar. Cesar’s father told them that he was
correccional.
going to look for his son and surrender him. While accused's father was putting on
his trousers, a knife fell from his trousers' pocket. The father said that it was the Dispositive: WHEREFORE, the judgment appealed from is hereby modified as to
knife that Cesar had used. They found Cesar at the house of his grandfather. The the personal penalty so as to sentence the accused to an indeterminate penalty of not
accused was brought to the municipal jail and locked therein. less than six (6) years of prision correccional to not more than ten (10) years and
3. Cesar was charged with direct assault with murder. Upon arraignment, the eight (8) months of prision mayor; in all other respects, the judgment is hereby
accused pleaded not guilty. However, on the date set for trial on the merits, he affirmed. No costs. So ordered.
pleaded guilty to the lesser offense of direct assault with homicide.
4. Cesar proved that he was born on May 27, 1948. Hence, he was only 17 yrs,
9months, and 12 days old on the date of the commission of the crime.
5. Cesar was convicted of a complex crime *see TC ruling above.

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