60.People vs Saberola[G.R. No.

132023]

Facts:

June 14, 1993, Larry Saberola called Fernando Penalosa to have a drinking spree in his
brothers house. At 10:00 in the evening, Larry and Fernando was in a fight. Larry then stab
Penalosa on the left portion of the chest while holding the neckline of his sando shirt.
Immediately, Jaime Saberola approached Penalosa and stabbed him on the left side of his body.
Benjamin Saberola then struck Penalosa with a piece of wood. Larry released his hold of the
victim and left him crawling on the ground.

Contemtion of the accused:

Accused-appellant further testified that he went to sleep upon reaching his house.

Contention of the state:

Accused-appellant Larry Saberola y Loquenario, together with his brothers, Benjamin

Saberola y Loquenario (a.k.a. Bensot) and Jaime Saberola y Loquenario (a.k.a. Bontoy), were
charged before the Regional Trial Court of Kalookan City with the crime of murder.

Resolution:

The penalty for murder under Article 248 of the Revised Penal Code is reclusion
temporal in its maximum period to death. The crime was committed on June 14, 1993 prior to
the effectivity of R.A. No. 7659 which imposes the death penalty on certain heinous crimes. The
said statute took effect on December 31, 1993, and thus, will not be applied. There being no
aggravating or mitigating circumstance, the penalty should be imposed in its medium period
which is the indivisible penalty of Reclusion Perpetua.