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SYLLABUS
DECISION
CORTES, J : p
which caused her death and the abortion of the foetus in her
womb.
After trial, the lower court convicted the accused Ola as principal in the
crime of Attempted Robbery with Homicide and Unintentional Abortion. The
death penalty was imposed by the trial court upon a finding that the
homicide committed on the occasion of the attempted robbery was murder,
(See Article 297, Revised Penal Code) qualified by abuse of superior strength
and complexed with the unintentional abortion of the victim's fetus, and
therefore deserving of a higher penalty than the prescribed penalty of
reclusion temporal in its maximum period to reclusion perpetua (Rollo, pp.
31-32). The accomplice Matimtim, whose participation was unattended by
any aggravating or mitigating circumstance, was sentenced to eight (8)
years and one (1) day of prision mayor as minimum penalty, to fourteen (14)
years and one (1) day of reclusion temporal as maximum penalty (Rollo, pp.
40-41). The other accomplice Bustamante was meted out the penalty of four
(4) years and one (1) month of prision correccional as minimum to nine (9)
years and one day of prision mayor as maximum because of two mitigating
circumstances in his favor (Rollo, pp. 41-42). The two convicted accomplices
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did not appeal, hence judgment as to them became final and they can no
longer be affected by the outcome of this review (See U.S. v. Dagalea, 4 Phil.
398 (1905).
As in all cases in which the death penalty had been imposed, the
complete record of this case as well as the transcript of stenographic notes
and the folder of exhibits was elevated to this Court in accordance with Rule
122, Section 8 of the Rules of Court for automatic review (See 2nd par. of
Article 47, Revised Penal Code, as amended by Sec. 9 of the Judiciary Act of
1948 [R.A. No. 296]). While this case was under review, all death penalties
already imposed were automatically reduced to reclusion perpetua pursuant
to Article III, Sec. 19 (1) of the 1987 Constitution which states:
Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless
for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
And then, the wounds on the appellant Ola's index finger and on his
mandible, which were described in the medical certificate issued by the
resident physician of the Marinduque Provincial Hospital in this manner:
xxx xxx xxx
1. Linear cut wound, left index finger medial aspect, middle portion
2 cm. in length
2. Linear abrasion, right mandible, 1" in length traversing the
course of the mandible.
Q You said it must have been caused.. You said it could have been
caused by a sharp instrument. Could it have been caused by a
bolo?
A It is possible.