FACTS: Accused Dioso and Abarca were members of the" Balang Mindanao" gang. While serving their sentence at the New Bilibid Prison in Muntinlupa, Rizal, they killed their fellow inmates namely: Gomez and Reyno who were members of Happy Go Lucky gang who have been suspected as authors of the slaying of their gangmate. Both accused voluntarily surrendered and entered plea of guilty that they inflicted fatal blows while Gomez was lying down under a mosquito net and Reyno was taking his breakfast. The trial court found them guilty and imposed death penalty for the crime of murder. ISSUE: Whether or not a quasi- recidivist who committed murder be imposed a death penalty despite the presence of mitigating circumstances. HELD: Yes, a quasi a recidivist who committed murder be imposed a death penalty despite the presence of mitigating circumstances. RATIO: The Supreme Court ruled that it is thus noted that in their briefs, no attempt was made to impugn the lower court's conclusion as to their guilt. Instead, they seek attenuation of the death sentence imposed by the trial court by invoking the circumstances of voluntary surrender and plea of guilty. The court finds no necessity to discuss at length the effects of such mitigating circumstances on the penalty imposed. Suffice it to say that the accused are quasi-recidivist, having committed the crime charged while serving sentence for a prior offense. As such the maximum penalty prescribed by law for the felony (murder) is death, regardless of the presence or absence of mitigating or aggravating circumstance or the complete absence thereof. But for lack of the requisite votes, the Court is constrained to commute the death sentence imposed on each of the accused to reclusion perpetua.
