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People Vs Mision

On October 24, 1978, Luis Mision stabbed Luciana Dagohoy and her niece Lelith Dagohoy at Luciana's small store in Masbate after Luciana refused to give Mision drinks on credit. Luciana later died of her injuries, while Lelith survived after 5 days in the hospital. The court found Mision guilty of murder for Luciana's death and frustrated murder for the attack on Lelith. For the murder charge, the appropriate penalty was reclusion perpetua. For the frustrated murder, the penalty was imprisonment from 6 years and 1 day up to 14 years and 8 months. The penalties would be served consecutively. Mision was also ordered to pay 50,000

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60 views2 pages

People Vs Mision

On October 24, 1978, Luis Mision stabbed Luciana Dagohoy and her niece Lelith Dagohoy at Luciana's small store in Masbate after Luciana refused to give Mision drinks on credit. Luciana later died of her injuries, while Lelith survived after 5 days in the hospital. The court found Mision guilty of murder for Luciana's death and frustrated murder for the attack on Lelith. For the murder charge, the appropriate penalty was reclusion perpetua. For the frustrated murder, the penalty was imprisonment from 6 years and 1 day up to 14 years and 8 months. The penalties would be served consecutively. Mision was also ordered to pay 50,000

Uploaded by

2022107186
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

People vs Mision

Facts:

on October 24, 1978, the accused sought to buy drinks on credit from Luciana Dagohoy at
Esperanza, Masbate. Luciana Dagohoy had a small store adjacent to her house. She refused the
accused.

At about 7:30 o'clock in the evening of said day, as Lelith (Mercy) Dagohoy, a niece of Luciana, was
about to close the door of the store for the nights, the accused pushed it open. Once inside, he
immediately stabbed Lelith on her left shoulder. The latter fell down. Thereafter, the accused
approached Luciana, who was sitting some three (3) meters away, and likewise stabbed her, hitting
her on the right breast. When Lelith saw her aunt being stabbed, she became unconscious.
Meanwhile the accused fled. He used a knife eight (8) inches long.

On October 26, 1978, Luciana Dagohoy died of septicemia or blood poisoning which set in twenty-
four hours after the infliction of the injury, and hemorrhage due to the stab wounds.

Lelith was discharged from the hospital after five (5) days.

Issue: WON the court erred for imposing the penalty

Held:

The penalty prescribed by law for the consummated offense of murder is reclusion
temporal maximum to death. There being no modifying circumstances present in this case, the
25

appropriate penalty imposable on appellant for the death of Luciana Dagohoy would be the medium
period, i.e., reclusion perpetua. 26

The penalty provided by law for the crime of frustrated murder is prision mayor maximum
to reclusion temporal medium, the penalty next lower in degree to that prescribed by law for the
consummated offense. There being no modifying circumstance present, the appropriate penalty
imposable on appellant would be the medium period, i.e., reclusion temporal minimum. The proper
penalty after giving effect to the Indeterminate Sentence Law may then be located within the range
from prision correccional maximum to reclusion temporal minimum.

Therefore, the Decision of the trial court dated 26 August 1981 is hereby MODIFIED by holding the
accused Luis Mision guilty of two (2) separate crimes of murder and frustrated murder. There being
neither a mitigating nor a generic aggravating circumstance alleged and proven, the accused shall
suffer the penalty of reclusion perpetua for the death of Luciana Dagohoy. He shall likewise suffer
imprisonment of six (6) years and one (1) day as minimum to fourteen (14) years and eight (8)
months as maximum for the frustrated murder of Merceda Dagohoy. The penalties shall be served
successively in accordance with the provisions of Article 70 of the Revised Penal Code. The
indemnity for which the accused is liable for the death of Luciana Dagohoy is hereby increased to
P50,000.00 in line with recent jurisprudence of this Court.

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