G.R. No. 200512 - PEOPLE OF THE PHILIPPINES, VS. ELMER AVANCENA Y CABANELA, JAIME POPIOCO Y CAMBAYA[1] AND NOLASCO TAYTAY Y CRUZ, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, in light of the foregoing facts established, finding the accused, ELMER AVANCENA y CABANELA, JAIME POPIOCO y CAMBAYA, and NOLASCO TAYTAY y CRUZ GUILTY beyond reasonable doubt of the felony of kidnapping with serious illegal detention defined and penalized under Article 267 of the Revised Penal Code, this Court hereby sentences the foregoing individual to suffer the penalty of RECLUSION PERPETUA without eligibility for parole under the Indeterminate Sentence Law pursuant to Section 3 of Republic Act No. 9346. On charge of robbery defined and penalized under Article 294 (5) of the Revised Penal Code, finding the accused ELMER AVANCENA y CABANELA, JAIME POPIOCO y CAMBAYA, and NOLASCO TAYTAY y CRUZ GUILTY beyond reasonable doubt of the offense charged, they are all required to suffer the indeterminate penalty of four (4) years of prision correccional medium as minimum to six (6) years and one (1) day of prision mayor minimum, as maximum. The Jail Warden of the Makati City Jail is hereby ordered to commit the persons of the foregoing accused to the National Bilibid Prisons immediately and to submit his Report of the actions he has taken within ten (10) days from notice hereof. The firearms seized in connection with this case, to wit: one (1) cal. 9 mm Llama Parabellum with serial number 10763-95, one (1) cal. .45 ACP Norinco with serial number 600187 and one (1)9 mm Pietro Beretta with serial number M03095Z are hereby confiscated in favor of the government and if still in Court's custody, be immediately turned-over to the Firearms and Explosives Division, PNP. SO ORDERED.