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People vs. Estoista

Estoista was prosecuted for homicide through reckless imprudence and illegal firearm possession. He was acquitted of homicide but found guilty of illegal firearm possession and sentenced to one year imprisonment. Estoista appealed claiming the punishment was cruel and unusual. The court found the punishment was in accordance with law. However, considering the lack of malice, the court recommended the President reduce the imprisonment to six months.

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Linalyn Lee
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105 views1 page

People vs. Estoista

Estoista was prosecuted for homicide through reckless imprudence and illegal firearm possession. He was acquitted of homicide but found guilty of illegal firearm possession and sentenced to one year imprisonment. Estoista appealed claiming the punishment was cruel and unusual. The court found the punishment was in accordance with law. However, considering the lack of malice, the court recommended the President reduce the imprisonment to six months.

Uploaded by

Linalyn Lee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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People vs.

Estoista

FACTS:

Prosecuted in the Court of First Instance of Lanao for homicide through reckless imprudence and illegal
possession of firearm under one information, the appellant was acquitted of the first offense and found
guilty of the second, for which he was sentenced to one year imprisonment.

ALberto Estoita filed an appeal. He claimed that the imprisonment from 5 to 10 years is an infliction of a
cruel and unusual punishment.

WON or not the punishment given is crual and unusual.

NO. The imposition the said punishment is in accordance and supported by Republic Act. NO. 4.
However, considering the degree of malice of the defendant, application of the law to its full extent
would be too harsh and, accordingly, it is ordered that copy of this decision be furnished to the
President, thru the Secretary of Justice, with the recommendation that the imprisonment herein
imposed be reduced to six months.

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