Esguerra v.

People

Doctrine: Applying the Indeterminate Sentence Law, the maximum of the penalty should be
within the range of 10 years and 1 day to 17 years and 4 months. The maximum penalty
imposed by the respondent judge is correct for it is within the range. The minimum of
indeterminate sentence is one degree lower than prision mayor maximum to reclusion
temporal medium. The minimum penalty (10 years and 1 day) imposed by the respondent
judge is not correct for it is beyond the range of the applicable penalty.

FACTS

Francisco Esguerra was accused of murder and was found guilty by the Court of First
Instance of Bulacan. The Court gave him the benefit of 2 mitigating circumstances namely,
voluntary surrender and intoxication which is not habitual or intentional.

Praying for decision be modified in relation to the penalty imposed that it should be minimum
penalty of prision correccional considering the two mitigating circumstances.

ISSUE

Whether or not decision should be modified an apply lower sentence in respect to two
mitigating circumstances.

HELD

YES, applying the indeterminate sentence law , the maximum of the penalty should be within
the range of 10 years and 1 day to 17years and 4 months the maximum penalty imposed by
the respondent judge is correct for it is within the range the minimum of the indeterminate
sentence is one degree lower than prision mayor, maximum to reclusion temporal medium.
The minimum penalty (10 years and 1 day) imposed by the respondent judge is not correct for
it it beyond the range of the applicable penalty.