G.R. No. 248529 - PEOPLE OF THE PHILIPPINES, VS. MARK ALVIN LACSON Y MARQUESSES A.K.A "MAC-MAC", NOEL AGPALO Y SACAY AND MOISES DAGDAG Y CORPUZ, ACCUSED, MARK ALVIN LACSON Y MARQUESSES A.K.A "MAC-MAC" AND NOEL AGPALO Y SACAY, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing considered, this court hereby finds accused Mark Alvin Lacson y Marquesses and Noel Agpalo y Sacay GUILTY beyond reasonable doubt for the crimes charged against them. Accordingly, they are hereby sentenced as follows: 1. For Violation of Section 3 of [Presidential Decree No.] 1866 as amended by [Republic Act No.] 9516, accused MARK ALVIN LACSON is hereby sentenced to suffer the penalty of reclusion perpetua. For Violation of Comelec Resolution No. 9735, adapting Comelec Resolution No. 9561-A, accused MARK ALVIN LACSON is sentenced to imprisonment or one (1) year as minimum to two (2) years as maximum in accordance with the Indeterminate Sentence Law. The period of his preventive imprisonment shall be credited in his favor. 2. For Violation of Section 28 (a) in relation to Section 28 (e) (1) of [Republic Act No.] 10591, accused NOEL AGPALO is hereby sentenced to imprisonment of nine (9) years, four (4) months and one (1) day to ten (10) years of Prision mayor. For Violation of Comelec Resolution No. 9735, adapting Comelec Resolution No. 9561-A, accused NOEL AGPALO is sentenced to imprisonment of one (1) year as minimum to two (2) years as maximum in accordance with the Indeterminate Sentence Law. The period of his preventive imprisonment shall be credited in his favor. Upon the other hand, and for failure of the prosecution to prove the guilt of accused Moises Dagdag beyond reasonable doubt, the latter is ACQUITTED of the crime charged against him. His immediate release from the Taguig City Jail is hereby ordered unless he is being detained for some other lawful cause. The subject paltik revolver and four (4) pieces of live ammunition is CONFISCATED and FORFEITED in favor of the Government. Pursuant to Supreme Court Circular No. 47-98 and Article 45 of the Revised Penal Code, and Section of [Republic Act] 8294, the Branch Clerk of this court is hereby directed to turn over the subject paltik revolver and four (4) live ammunition to the Firearms and Explosive Office, Philippine National Police, Camp Crame, Quezon City. SPO4 Jonathan Mercurio who is in possession of the hand grenade with fuse is hereby directed to likewise turnover the same to the Firearms and Explosive Office, Philippine National Police, Camp Crame, Quezon City, within ten (10) days from notice. He is further directed to make a report to this court of the action taken thereon within ten (10) days from compliance thereon. SO ORDERED.