People vs Olaes [G.R. No. L-11166. April 17, 1959.]

People vs Olaes [G.R. No. L-11166. April 17, 1959.]

"WHEREFORE, the accused Eugenio Olaes is hereby declared guilty of robbery with homicide and frustrated homicide defined and penalized in Article 294, Case No. 1, Revised Penal Code. Although the crime was attended by the aggravating circumstances of nocturnity and in band, in view of the attitude of the Chief Executive on death penalty, the accused is hereby sentenced to life imprisonment, to indemnify the heirs of Maria Argame in the sum of P6,000 without subsidiary imprisonment in case of insolvency, and to pay the costs. In the service of his sentence, the accused should be credited with one-half of the period of preventive imprisonment suffered by him since January 24, 1955."

"although the crime was attended by the aggravating circumstances of nocturnity and in band, in view of the attitude of the Chief Executive on death penalty", the accused was sentenced only to life imprisonment. Without attempting, even desiring to ascertain the veracity or trueness of the alleged attitude of the Chief Executive on the application of the death penalty, the courts of the land will interpret and apply the laws as they find them on the statute books, regardless of the manner their judgments are executed and implemented by the executive department. By doing so. the courts will have complied with their solemn duty to administer justice. Until the Legislature sees fit to repeal or modify the imposition of the extreme penalty, the courts will continue to impose the same when the facts and circumstances in a case warrant.

The trial court found that the aggravating circumstances of nocturnity and in band, there being more than three armed men in the group of malefactors, attended the commission of the crimes. The aggravating circumstance of in band may be considered to qualify the act of killing of Maria as murder, and the wounding of Elena as frustrated murder. The evidence for the defense was to the effect that appellant surrendered to the authorities when he found out that he was wanted by the constabulary. This was not refuted by the prosecution and so, it can be regarded as a fact. This mitigating circumstance will compensate the other aggravating circumstance of nocturnity. The penalty for murder which is reclusion temporal in its maximum degree to death, should therefore be imposed in its medium period, namely reclusion perpetua, so that in the result, we agree with the trial court as to the penalty imposed by it.

For the crime of frustrated murder, appellant is hereby sentenced to not less than six (6) years of prision correccional and not more than fourteen (14) years of reclusion temporal, with the accessories of the law.

As to the physical injuries, the evidence shows that the period within which the injuries on the head of Limosnero were treated was less than 30 days, for which reason, the offense as to him should be considered as less serious physical injuries. For this, appellant is hereby sentenced to three (3) months of arresto mayor.cralaw virtua1aw