G.R. No. 128286 - PEOPLE OF THE PHILIPPINES, VS. GILBERT BASAO Y MACA AND PEPE ILIGAN Y SALAHAY, ACCUSED, PEPE ILIGAN Y SALAHAY, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing considerations, this Court finds: a) In Criminal Case No. C-14, accused Pepe Iligan y Salahay, guilty beyond reasonable doubt of the crime of Robbery as defined and penalized under Paragraph 5 of Article 294 of the Revised Penal Code, there being no aggravating nor mitigating circumstances and applying the indeterminate sentence law, he is hereby sentenced to suffer an imprisonment ranging from four (4) years to two (2) months and one (1) day of Prision Correcional as minimum to eight (8) years and One day of Prision Mayor as maximum. to pay the victim through the heirs of Lt. Joerlick Faburada the sum of P37,000.00 without subsidiary imprisonment in case of insolvency and to pay the cost. Being detained, he is credited in the service of his sentence with the full term of his preventive imprisonment, if he agreed in writing to abide by the disciplinary rules imposed upon convicted prisoners, otherwise 4/5 hereof. b) In Criminal Case No. C-15, accused Pepe Iligan y Salahay, guilty beyond reasonable doubt of the crime of Murder qualified by treachery as defined and penalized under Article 248 of the Revised Penal Code as amended and amended by Section 6 of the Republic Act No. 7659, is hereby sentenced to the maximum penalty of death. To pay the heirs of the victim Dra. Arlyn Faburada, the sum of P50,000.00 as life indemnity of the victim; P100,000.00 for burial and actual expenses; P500,000.00 for moral damages and P10,000.00 for exemplary damages and to pay the cost. c) In Criminal Case No. C-16, accused Pepe Iligan y Salahay, guilty beyond reasonable doubt of the crime of Murder qualified by treachery defined and penalized under Article 248 of the Revised Penal Code as amended and amended by Section 6 of Republic Act No. 7659, is hereby sentenced to the maximum penalty of death. To pay the heirs of the victim Lt. Joerlick Faburada the sum of P50,000.00 as life indemnity of the victim; P100,000.00 for burial and actual expenses; P500,000.00 for moral damages and P10,000.00 for exemplary damages and to pay the cost. Pursuant to Section 22 of Republic Act No. 7659, let the criminal records in criminal cases nos. C-15 and C-16 be forwarded to the Supreme court of the Philippines for automatic review within twenty (20) days but not earlier that fifteen days after the promulgation of these judgments. The Director of Prisons, New Bilibid Prisons, Muntinlupa City through the Provincial Warden of Surigao del Sur is ordered to take immediate custody of the convicted prisoner. SO ORDERED.