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PEOPLE vs Rebamontan

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HILARIO REBAMONTAN alias "AYONG", accused-appellant.

G.R. No. 125318 | 1999-04-13

D E C I S I O N


PANGANIBAN, J.:

It is an elementary rule in criminal law that where two indivisible penalties are prescribed for an offense and there are neither mitigating nor aggravating circumstances in the commission of the crime, the lesser penalty shall be applied. Article 248 of the Revised Penal Code, as amended, prescribes the penalty range of "reclusion perpetua to death" for murder. There being no generic aggravating circumstances present in the case at bar, the trial court erroneously imposed the death penalty upon the appellant.

The Case

Before us for automatic review is the February 8, 1996 Decision1 [Captioned...