Due to privileged mitigating circumstance of minority, penalty for murder next lower in degree

Article 248 of the Revised Penal Code punishes murder with reclusion temporal maximum to death. In view of the privileged mitigating circumstance of minority, the penalty next lower in degree shall be imposed in its proper period pursuant to Art. 68, par. (2), of the Code, which is prision mayor maximum to reclusion temporal medium. Applying the Indeterminate Sentence Law, the maximum penalty to be imposed upon accused-appellant shall be taken from the medium period of the imposable penalty, which is reclusion temporal minimum or twelve (12) years and one (1) day to fourteen (14) years and eight (8) months, while the minimum shall be taken from the penalty next lower in degree, which is prision correccional maximum to prision mayor medium or four (4) years and two (2) months to ten (10) years. Consequently, the Court considers fair and just to impose upon accused-appellant an indeterminate prison term of four (4) years, ten (10) months and twenty (20) days of prision correccional maximum as minimum, to twelve (12) years, four (4) months and ten (10) days of reclusion temporal minimum as maximum. [G.R. No. 115217. November 21, 1996]