Sabado, Setyembre 29, 2018

People Vs. Rodriguez 135 SCRA 485 (1985)


7
Piracy
People Vs. Rodriguez
135 SCRA 485 (1985)
G-one T. Paisones


Facts:
            Jaime Rodriguez and Rico Lopez, assisted by their counsel, pleaded guilty to the charge, were convicted on March 5, 1982 and sentenced each "to suffer the extreme penalty of death."  The accused appellant contended that his plea of guilty should be taking into consideration of lowering the penalty of his crime which is death penalty.

Issue:
            Whether or not the penalty of Death in the crime of Piracy when homicide is committed as a result or on the occasion of piracy can be offset by a mitigating circumstance of the plea of guilty?

Held:
            No.

Ratio:
The penalty imposable upon persons found guilty of the crime of piracy where homicide is committed is mandatory death penalty. Article 63 of the Revised Penal Code states that:
“Rules for the application of indivisible penalties.—In all cases in which the law prescribes a single indivisible penalty, it shag be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.”

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