Prosecution fails to prove qualifying circumstances; accused guilty only of homicide

Considering that both the qualifying circumstances of treachery and evident premeditation, alleged as such in the information, have not been properly established, appellant can only be held guilty of homicide. The penalty for this offense is reclusion temporal which, in this case, must be applied in its medium period there being neither aggravating nor mitigating circumstance in the commission of the crime. Applying the Indeterminate Sentence Law, the entire range of the imposable penalty must then be, as MINIMUM, anywhere within the range of prision mayor and, as MAXIMUM, anywhere within the duration of reclusion temporal, medium. [G.R. No. 116610. December 2, 1996]