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