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    71 People V Latupan

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    AmberChan
    Gerardo Latupan was accused of murdering Lilia Asuncion based on witness testimony. Ceferino Dagulo heard shouts and saw Latupan walking away with a bloodied knife. Later, Latupan attempted to stab Ceferino with the knife before fleeing. Emy Asuncion discovered his wife Lilia dead with multiple stab wounds. The court convicted Latupan of murder and sentenced him to life imprisonment. However, the proper penalty for murder at the time was reclusion perpetua, not life imprisonment, as reclusion perpetua carries accessory penalties that life imprisonment does not. Therefore, the penalty should be changed to reclusion perpetua.

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    71 People V Latupan

    Uploaded by

    AmberChan
    59 views1 page
    Gerardo Latupan was accused of murdering Lilia Asuncion based on witness testimony. Ceferino Dagulo heard shouts and saw Latupan walking away with a bloodied knife. Later, Latupan attempted to stab Ceferino with the knife before fleeing. Emy Asuncion discovered his wife Lilia dead with multiple stab wounds. The court convicted Latupan of murder and sentenced him to life imprisonment. However, the proper penalty for murder at the time was reclusion perpetua, not life imprisonment, as reclusion perpetua carries accessory penalties that life imprisonment does not. Therefore, the penalty should be changed to reclusion perpetua.

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    71 People v Latupan

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    Gerardo Latupan was accused of murdering Lilia Asuncion based on witness testimony. Ceferino Dagulo heard shouts and saw Latupan walking away with a bloodied knife. Later, Latupan attempted to stab Ceferino with the knife before fleeing. Emy Asuncion discovered his wife Lilia dead with multiple stab wounds. The court convicted Latupan of murder and sentenced him to life imprisonment. However, the proper penalty for murder at the time was reclusion perpetua, not life imprisonment, as reclusion perpetua carries accessory penalties that life imprisonment does not. Therefore, the penalty should be changed to reclusion perpetua.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    59 views1 page

    71 People V Latupan

    Uploaded by

    AmberChan
    Gerardo Latupan was accused of murdering Lilia Asuncion based on witness testimony. Ceferino Dagulo heard shouts and saw Latupan walking away with a bloodied knife. Later, Latupan attempted to stab Ceferino with the knife before fleeing. Emy Asuncion discovered his wife Lilia dead with multiple stab wounds. The court convicted Latupan of murder and sentenced him to life imprisonment. However, the proper penalty for murder at the time was reclusion perpetua, not life imprisonment, as reclusion perpetua carries accessory penalties that life imprisonment does not. Therefore, the penalty should be changed to reclusion perpetua.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    71 People v Latupan, G.R. No.

    112453, 28 June 2001


    Ceferino Dagulo he heard the shouts of a woman and a child coming from the north.
    Moments later, Ceferino saw accused Gerardo Latupan y Sibal walking in his direction,
    carrying a thin, bloodied knife. Accused Latupan entered the house of Ceferino and started
    chasing Ceferinos wife, who was able to run to another house nearby. Accused Latupan
    attempted to thrust the knife into Ceferino, who was able to parry it. Later on, accused Latupan
    told Ceferino to bring him to the authorities and tried to give the knife to Ceferino. Ceferino
    refused to touch the knife and told accused to go to the authorities by himself. Hearing this
    advice, accused ran away.
    The house of Emilio Asuncion (hereafter Emy) was 100 meters from Ceferinos house. At
    around 4:00 in the afternoon of the same day, Emy Asuncion was returning to his house from a
    store. He reached his house and found his wife, Lilia, dead on the ground with several stab
    wounds on her body.

    W/N the penalty for the crime committed should be of reclusion perpetua
    YES. Under Article 248 of the Revised Penal Code, the penalty for murder at the time of the
    commission of the crime in April 1991 was reclusion temporal maximum to death. The trial
    court convicted accused-appellant of murder and sentenced him to life imprisonment. The proper
    imposable penalty is reclusion perpetua, not life imprisonment. Obviously, the trial court
    intended to impose reclusion perpetua.
    However, the penalty of life imprisonment is not the same as reclusion perpetua. They are
    distinct in nature, in duration and in accessory penalties.[18] First, life imprisonment is imposed for
    serious offenses penalized by special laws, while reclusion perpetua is prescribed under the
    Revised Penal Code. Second, life imprisonment does not carry with it any accessory
    penalty. Reclusion perpetua has accessory penalties.
    We likewise note that the trial court sentenced accused to ten days of imprisonment for each
    count of slight physical injuries. We reiterate the rule that it is necessary for the courts to employ
    the proper legal terminology in the imposition of penalties because of the substantial difference
    in their corresponding legal effects and accessory penalties.[20]
    Hence, the proper penalty for each murder committed in April 1991, considering the absence
    of aggravating and mitigating circumstances, is reclusion perpetua, with its accessory penalties.

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