PEOPLE VS.

BORBANO

Facts:
Defendant and appellant Victorino Borbano was accused of homicide in an information filed
in the CFI of Samar, charging that on March 8, 1945, in Calbayog, Samar, said accused
unlawfully without just motive kill one LeoncioCastillano, and stabbed the latter with a knife,
inflicting upon him a wound on the left chest which caused his death.
After the trial of the case, the defendant was found guilty of the crime. From said decision,
the defendantappealed notwithstanding the insufficiency of the evidence for the prosecution
to establish his guilt, beyond reasonable doubt.
Issue:
Whether or not Borbano has been sufficiently established by the evidence beyond
reasonable doubt.
Held:
Yes. In view of the foregoing, it is evident that the guilt of the defendant and appellant of
the crime of homicide, as alleged in the information, has been sufficiently established by the
evidence, beyond reasonable doubt; and there having concurred in the commission of the
offense one mitigating circumstance and an aggravating circumstance, which compensate
one another, the corresponding penalty should be imposed in its medium degree; and, in
accordance with the provisions of section 1 of the Indeterminate Sentence Law (Act No.
4103), as amended, in connection with those of article 249 of the Revised Penal Code,
defendant and appellant VictorinoBorbano is, therefore, sentenced to an indeterminate
penalty, ranging from eight (8) years and one (1) day of prision mayor, as minimum, to
fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum,
with the accessory penalties prescribed by law, to indemnify the heirs of the deceased in the
sum of P2,000, and to pay the costs. Defendant and appellant shall also be given the benefit
of one-half (1/2) of the preventive imprisonment suffered by him. Thus modified, the
decision appealed from is hereby affirmed.