G.R. No. 170477 - PEOPLE OF THE PHILIPPINES, VS. HAROLD WALLY CABIERTE.

Ruling

WHEREFORE, the court finds the accused Harold Cabierte, Jerry Macabio, and Norbert Viernes guilty beyond reasonable doubt as conspirators and confederates of the offense of rape (3 counts) as charged in the three cases in Criminal Case Nos. 15542-R, 15594-R, and 15595-R, defined and penalized under Article 266-A, paragraph 1(a) in relation to Article 266-B of Republic Act 8353 [ sic ], [15] with the alternative mitigating circumstance of drunkenness, and hereby sentences each of them in each of the three cases as follows: Accused Harold Cabierte to suffer the penalty of reclusion perpetua; accused Jerry Macabio, a minor under 18 years old, to suffer imprisonment ranging from SIX (6) YEARS and ONE (1) DAY of prision mayor as minimum, to TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal as maximum; accused Norbert Viernes, being a minor under 18 years old, to suffer imprisonment ranging from SIX (6) YEARS and ONE (1) DAY of prision mayor as minimum, to TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal as maximum; to indemnify jointly and severally the offended party, [AAA], the sum of FIFTY THOUSAND (P50,000.00) PESOS as civil indemnity without subsidiary imprisonment in case of insolvency, and to pay the proportionate costs. The accused Harold Cabierte, being a detention prisoner, is entitled to be credited 4/5 of his preventive imprisonment in the service of his sentence in accordance with Article 29 of the Revised Penal Code. The youthful offenders, Jerry Macabio and Norbert Viernes, who were released on recognizance to the custody of their parents upon their application and with the recommendation of the Department of Social Welfare and Development pursuant to Article 191 of P.D. 603, are directed to manifest to the Court immediately if they are applying for a suspended sentence or they will interpose appeal so the appropriate action may be taken by the Court under Articles 191 and 192 of P.D. 603. SO ORDERED.