People v. Pineda
REITERATIONFacts
The Antecedents: Teodoro Pineda, a corporal in the Constabulary, while escorting Melecio Roxas to the municipality of Bocaue, ordered three soldiers under his command to fire upon the prisoner. Procedural History: The judgment below sentenced the defendant to the penalty of one year eight months and twenty-one days of prision correccional, with costs, and credited him with one-half the time he has been held as a detention prisoner. The Petition: The defendant appealed the sentence.
Issue(s)
Whether the defendant is guilty of the crime of discharging a firearm at a person as provided in Article 408 of the Penal Code. Whether the defendant can be sentenced for a crime of a lesser degree than that for which he was prosecuted.
Ruling
The Supreme Court affirmed the sentence of the court below with costs.
Ratio Decidendi
On the issue of guilt for discharging a firearm at a person: The defendant is guilty of the crime of discharging a firearm at a person, according to Article 408 of the Penal Code. The complaint, however, charged him with the crime of frustrated murder. The Court found that the actions of Teodoro Pineda, a corporal in the Constabulary, in ordering soldiers under his command to fire upon a prisoner he was escorting, constituted the offense of discharging a firearm at a person. On the issue of sentencing for a lesser degree: Under section 29 of General Orders, No. 58, the defendant can be sentenced for a crime of a less degree than that for which he has been prosecuted. The judgment below sentenced him to the penalty of one year eight months and twenty-one days of prision correccional, with costs, and credited him with one-half the time he has been held as a detention prisoner. This sentence is in accordance with the law, as the crime proven was of a lesser degree than that charged.
Main Doctrine
A person prosecuted for a crime may be sentenced for a crime of a lesser degree than that for which he has been prosecuted, pursuant to Section 29 of General Orders, No. 58.