G.R. No. 130800 - PEOPLE OF THE PHILIPPINES, VS. GUILLERMO NEPOMUCENO, JR., ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the trial court convicted NEPOMUCENO of the violation of Section 1, paragraph 2, P.D. No. 1866, as amended by R.A. No. 8294, and sentenced him to suffer the penalty of death by lethal injection. The decretal portion of the decision reads: WHEREFORE, the court finds the accused guilty beyond reasonable doubt of violating Presidential Decree No. 1866, Section 1, Paragraph 2, as amended by Republic Act No. 8294, and hereby sentences him to suffer the supreme penalty of death by lethal injection. In the commission of the crime, the accused showed remorse by immediately bringing his wife to a hospital and voluntarily surrendering to the authorities. Article 10 of the Revised Penal Code, however, prohibits the application of the rules on the appreciation of mitigating and aggravating circumstances in the imposition of the penalty when the accused is charged [with] violating a special law. However, the court recommends to the Chief Executive the grant of executive clemency to the accused by reducing the penalty to prision correccional in its maximum period and a fine of P15,000.00, the penalty imposed for illegal possession of firearms with only .380 firepower in its non-aggravated form. IT IS SO ORDERED.