G.R. NO. 172975 - PEOPLE OF THE PHILIPPINES, VS. ROBERTO T. GARCIA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused ROBERTO GARCIA @ BOBBY guilty beyond reasonable doubt of Violation of Section 5 of Art. II of R.A. 9165, in Criminal Case No. 02-2323 judgment is hereby rendered sentencing ROBERTO GARCIA to suffer the penalty of life imprisonment and a fine of P500,000.00 . Further finding the accused ROBERTO GARCIA Y TALOSIG @ BOBBY in Criminal Case No. 02-2324 in Violation of Section 11 Art. II of R.A. 9165 judgment is hereby rendered sentencing ROBERTO GARCIA to suffer the penalty of imprisonment of 12 years and 1 day to twenty years of reclusion temporal and a fine of P300,000.00 . Finding the accused MELISSA CRUZ Y BACARRO @ ISA guilty beyond reasonable doubt of Violation of Section 5 of Art. II of R.A. 9165, in Criminal Case No. 02-2323 being a minor, who was 16 years old at the time of the commission of the offense, she is entitled to the mitigating circumstance of minority thus reducing the penalty to 1 degree lower than that imposed by law. Accused is therefore sentenced to suffer the penalty of imprisonment of 12 years and 1 day to 20 years of reclusion temporal and to pay a fine of P300,000.00 . Further finding Accused MELLISA CRUZ BACARRO @ ISA guilty beyond reasonable doubt of Violation of Section 11 Art. II of R.A. 9165 in Criminal Case No. 02-2325, being a minor, who was 16 years old at the time of the commission of the offense, she is entitled to the mitigating circumstance of minority thus reducing the penalty to 1 degree lower than that imposed by law. Accused is therefore sentenced to suffer the penalty of imprisonment of 6 years and 1 day to 12 years of prision mayor and to pay a fine of P300,000.00 . However, pursuant to Art. 192 of P.D. 603, judgment is hereby suspended and said minor [Melissa Cruz Bacarro @ ISA] is committed to the Department of Social Welfare , or any training institution operated by the government, or duly licensed agencies or any other responsible person, until she shall have reached twenty-one years of age or, for a shorter period as the court may deem proper , after considering the reports and recommendations of the Department of Social Welfare or agency or responsible individual under whose care she has been committed. Cost against the accused. SO ORDERED.