PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GREGORIO HERMOSA and GABRIEL ABELINDE, accused-appellants. G.R. No. 131805, September 7, 2001.
"In the ABSENCE of any circumstance that would QUALIFY the killing to MURDER, the appellants should only be held liable for HOMICIDE. ARTICLE 249 of the Revised Penal Code provides:
"Article 249. HOMICIDE. — Any person who, not falling within the provisions of Article 246 shall KILL another WITHOUT the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of HOMICIDE and punished by RECLUSION TEMPORAL."
RECLUSION TEMPORAL has a range of 12 YEARS AND 1 DAY to 20 YEARS of imprisonment. Applying the INDETERMINATE SENTENCE LAW, there being NO MITIGATING OR AGGRAVATING CIRCUMSTANCE, the MAXIMUM TERM of the penalty shall be imposed in the MEDIUM PERIOD 47 OF RECLUSIO TEMPORAL, ranging from 14 YEARS , 8 months and 1 day to 17 YEARS and 4 months. The MINIMUM TERM of the penalty shall be taken from the penalty NEXT LOWER IN DEGREE or PRISON MAYOR, in ANY of its PERIODS, ranging from six (6) years."
