G.R. No. 127089 - RAFAEL RENDON, VS. PEOPLE OF THE PHILIPPINES, AND INOCENCIA D. MAGRARE.DECISION - Supreme Court E-Library

Ruling

WHEREFORE in view of all the foregoing premises, accused Rafael Rendon and Teresita Rendon are hereby found guilty beyond reasonable doubt of the crime of homicide for the death of Rodolfo Magrare for which the penalty of reclusion temporal is imposed under Article 249 of the Revised Penal Code. [A]pplying the Indeterminate Sentence Law, and there being one mitigating circumstance of voluntary surrender and no aggravating circumstances to offset the former, accused are hereby sentenced to suffer an indeterminate prison term ranging from six (6) years and one (1) day of pris[i]on mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum, and to indemnify, jointly and severally, the heirs of the deceased in the amount of P50,000.00 for the death of Rodolfo Magrare, and another sum of P15,470.00 spent in relation thereto. [2] Rafael and his wife moved for the reconsideration of the above decision and on August 18, 1993, the trial court modified its ruling: WHEREFORE, in view of all the foregoing premises, judgment is hereby rendered as follows: Accused Rafael Rendon is hereby found guilty beyond reasonable doubt of the crime of homicide for the death of Rodolfo Magrare for which the penalty of reclusion temporal is imposed under Article 249 of the Revised Penal Code. Applying the Indeterminate Sentence Law, and there being one mitigating circumstance of voluntary surrender and no aggravating circumstances to offset the [same], accused is hereby sentenced to suffer an indeterminate prison term ranging from six (6) years and one (1) day of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal or maximum, to indemnify the heirs of the deceased in the amount of P50,000.00 for the death of Rodolfo Magrare, and another sum of P15,000.00 spent in relation thereto. Anent accused Teresita Rendon, the [c]ourt finds her guilty beyond reasonable doubt of the crime of slight physical injuries and hereby sentenced to suffer a definite prison term of ten (10) days. [3] From this judgment, Rafael appealed to the Court of Appeals. He was not joined, however, by his wife, Teresita. The Court of Appeals then rendered the questioned decision, the dispositive portion of which reads as follows: WHEREFORE, we find no reversible error in the appealed Decision, which is hereby AFFIRMED in toto . SO ORDERED.