G.R. No. 126368 - PEOPLE OF THE PHILIPPINES, VS. JOHNNY CALABROSO, SONNY BOY MATOS, RICHARD SATA AND LEONARDO DUMRIQUE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Decision appealed from finding accused-appellants Johnny Calabroso, Sonny Boy Matos, Richard Sata and Leonardo Dumrique guilty beyond reasonable doubt of carnapping is AFFIRMED subject to the MODIFICATION that the indeterminate prison term imposed is fourteen (14) years, eight (8) months and ten (10) days as minimum, to fifteen (15) years, four (4) months and twenty (20) days as maximum. The conviction for robbery with homicide of Johnny Calabroso and Leonardo Dumrique is SET ASIDE . We find Calabroso alone guilty of homicide and impose upon him an indeterminate prison term of eight (8) years, four (4) months and ten (10) days of prision mayor medium as minimum, to fourteen (14) years, ten (10) months and twenty (20) days of reclusion temporal medium as maximum. In addition, he is ordered to pay death indemnity to the heirs of Tranquilino Nacnac in the amount of P50,000.00. Dumrique is ACQUITTED for failure of the prosecution to present the quantum of proof mandated by law to establish conspiracy in the killing of Tranquilino Nacnac. Costs de oficio. SO ORDERED.