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Mariano R. De Luna Vs. Court Of Appeals, Et Al.

MARIANO DE LUNA Y ROLDAN, petitioner, vs. THE HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 111484 | 1995-06-02

D E C I S I O N


VITUG, J.:

Petitioner Mariano De Luna y Roldan received a verdict of guilt from the Regional Trial Court, later sustained by the Court of Appeals, for the killing of Demetrio Rodelas. The trial court 1 imposed upon De Luna the indeterminate penalty of "FOUR (4) YEARS, TWO (2) MONTHS . . . to EIGHT (8) YEARS and ONE (1) DAY (prision correccional medium to prision mayor minimum)" 2 after appreciating in his favor the privileged mitigating circumstance of incomplete self-defense. The appellate court 3 disagreed on the range of the penalty, holding that De Luna was not entitled to the privileged mitigating circumstance;...