Revised Penal Code punishes murder by reclusion perpetua to death
Article 248 of the Revised Penal Code (RPC), as amended, penalizes murder in this wise:
Article 248. Murder. Any person who, not falling within the provision of Article 246, shall kill another, shall be guilty of Murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; xxx.
Article 265. Less serious physical injuries. Any person who shall inflict upon another physical injuries not described in the preceding articles but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Article 248. Murder. Any person who, not falling within the provision of Article 246, shall kill another, shall be guilty of Murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; xxx.
There being no averment of mitigating nor aggravating circumstance that attended the killing of Domingo, the proper imposable penalty is reclusion perpetua, pursuant to Article 63(2) of the RPC.
On the other hand, Article 265 of the Revised Penal Code defines and penalizes less serious physical injuries in the following manner:
Article 265. Less serious physical injuries. Any person who shall inflict upon another physical injuries not described in the preceding articles but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Again, absent any appreciable mitigating or aggravating circumstance, the penalty of arresto mayor (1 month and 1 day to 6 months) should be imposed in its medium period (between 2 months and 1 day to 4 months).
The Indeterminate Sentence Law finds no application in both cases. The rule is well-entrenched in this jurisdiction that the law is not applicable when the penalty imposed is death, reclusion perpetua or life imprisonment. Likewise, the law does not apply to those whose maximum term of imprisonment is less than one year. (G.R. No. 173793; December 4, 2007)
