G.R. No. 181335 - MARIO SALUTA, VS. PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the Court hereby finds [Saluta] guilty beyond reasonable doubt of the crime charged and appreciating in his favor the mitigating circumstance of voluntary surrender as he had been in the custody of the Police before the case was filed, and applying the Indeterminate Sentence Law hereby imposes upon him the penalty of six (6) years [and one] (1) day of prision mayor to fourteen (14) years [and] eight (8) months o[f] Reclusion Temporal as maximum[,] and to indemnify the heirs of [PO1 Pinion] the sum of P150,000[.00] and to pay the costs. Exhibits "G" (Firearm) to "G-4" are hereby ordered forfeited in favor of the Government. [Saluta] shall however be credited in the service of his sentence with 4/5 of his time during which he has undergone preventive imprisonment, there being no proof that he has voluntarily agreed in writing to abide by the same disciplinary rules imposed upon convicted prisoners. There being no sufficient evidence against [ABELLA], he is hereby ACQUITTED. SO ORDERED.