People v.

De Mesa

G.R. No. 137036

FACTS:

Barangay Chairman Patricio Motas of Sta. Cruz Putol, San Pablo City was pronounced
dead on arrival on October 15, 1996 at San Pablo City District Hospital. The autopsy report
showed that the cause of death was shock and hemorrhage due to gunshot wounds at the back
of the victim.

Hernando De Mesa was found guilty beyond reasonable doubt for the crime of murder
by the Regional Trial Court of San Pablo City. He was sentenced to suffer the penalty of
Reclusion Perpetua, pay the costs and to indemnify the heirs of the victim. Treachery,
nighttime, in contempt of or with assault to public authorities, were appreciated by the trial
court as aggravating circumstances attending the case thereby qualifying the crime committed
to murder.

ISSUE:
WON the trial court erred appreciating the aggravating circumstances of treachery,
nighttime, in contempt of or with assault to public authorities?

DECISION:

Yes. The prosecution failed to positively prove the presence of any qualifying
aggravating circumstance where nighttime was not used to conceal the accused, he was also
not performing his public duties when he was killed. Whereby the crime committed is only
homicide for which the imposable penalty provided by the Revised Penal Code is Reclusion
Temporal.
 Being the case, Indeterminate Sentence Law may now be applied and absent any
aggravating nor mitigating circumstance, the penalty that may be imposed is prision mayor in
its medium period as minimum to reclusion temporal in its medium period as maximum.