G.R. No. 176102. November 26, 2014 indeterminate sentence should be reduced to only six years of prision correccional to enable Note: The focus of the case is on the penalty him to apply for probation under PD 968. imposed to the accused A.M. No. 02-1-18-SC - the restrictions on the Facts: personal liberty of the child shall be limited to the minimum Rosal Hubille was only 17 year, 4 months and 2 days old when he killed Jayson Espinola with a Sec. 38 of RA 9344 which allows the suspension knife. He was charged with Homicide. of the sentence is available only until the child offender turns 21 years of age. RTC - convicted him of homicide and imposed the penalty of indeterminate sentence of Since he is over 23 years of age at the time of imprisonment of four years and one day of his conviction in the RTC, suspension was no prision correcional as minimum, to eight years longer feasible. and one day of prision mayor, as maximum. RA 9344 reveals that imprisonment of children CA – Rosal’s sentence was modified in that he in conflict with the law is by no means was sentenced to six months and one day of prohibited. Restrictions on the imposition of prision correctional as minimum, to six years imprisonment: and one day of prision mayor, as maximum. The (a) the detention or imprisonment is a civil aspect was also modified disposition of last resort, and (b) the detention or imprisonment shall be for On motion for reconsideration, the CA partially the shortest appropriate period of time granted the appeal and imposed on him the penalty of six months and one day of prision Imprisonment was imposed on the petitioner as correccional, as minimum, to eight years and a last recourse after holding him to be one day of prision mayor, as maximum. disqualified from probation and from the suspension of his sentence, and the term of his Issue: imprisonment was for the shortest duration WON the CA should have suspended Rosal’s permitted by the law. sentence in accordance with RA 9344; that he is entitled to probation or suspension of sentence
Held:
Article 249 of the RPC prescribes the penalty of
reclusion temporal for homicide. His minority was a privileged mitigating circumstance that lowered the penalty to prision mayor.
In Indeterminate Sentence Law, the minimum of
the indeterminate sentence should be within the penalty next lower than the imposable penalty, which, herein, was prision correccional. So the CA imposed the indeterminate penalty of imprisonment of six months and one day of prision correccional, as minimum, to eight years and one day of prision mayor, as maximum.