G.R. No. 112719 -

Ruling

WHEREFORE, premises considered, this Court in the interest of justice, hereby finds ERNESTO OMOTOY y Cariaga, the accused herein, GUILTY beyond reasonable doubt, as principal, of a violation of Presidential Decree No. 1613, Section 3, No. 2, in relation to Section 4 thereof, and hereby sentences him, after taking into consideration the provisions of par. 3 Sec. 4 of Presidential Decree No. 1613, paragraph 3 of Article 64 of the Revised Penal Code and the Indeterminate Sentence Law, with mitigating circumstance or circumstances that was (sic) proven by the prosecution, to suffer a penalty of imprisonment, which ranges from Twelve (12) Years of prision mayor maximum, as minimum, to reclusion perpetua, to indemnify Rosario Mirafuente, the private offended party herein, in the amount of Seven Thousand Five Hundred Pesos (P7,500.00), Philippine Currency, without subsidiary imprisonment, however, in case of insolvency, and to pay the costs. The bailbond posted for the provisional liberty of Ernesto Omotoy, the accused herein, the amount of Sixteen Thousand Pesos (P16,000.00) Philippine Currency, is hereby increased to the amount of One Hundred Thousand Pesos (P100,000.00) Philippine Currency. SO ORDERED.