The Supreme Court (SC) has affirmed the Court of Appeals (CA) and lower court decisions finding a man guilty of carnapping and qualified theft for stealing a motorcycle in Mandaluyong City in 2007.
In a ruling written by Senior Associate Justice Martin S. Villarama, Jr., the SC’s Third Division dismissed the appeal filed by Julkipli Asamuddin.
The SC upheld the decision of the CA dated May 22, 2014.
Records of the case show that in July 2007, Asamuddin carted away the Honda XRM motorcycle with Plate No. UU-9142 amounting to Php49,000 owned by Emelina Gloria.
The case was elevated to the SC when Asamuddin did not get a favorable decision both from the CA and the Mandaluyong City Regional Trial Court (RTC).
In its Sept. 2, 2015 ruling, the SC said that the RTC and the CA were right when they ruled against Asamuddin.
“The RTC, as affirmed by the CA, correctly imposed in the criminal case for carnapping the penalty of 14 years and 8 months, as minimum, to 17 years and 4 months, as maximum, which is within the range of the imposable penalty under Section 14 of R.A. No. 6539[,]” the SC said.
The SC said that “the appellant was correctly meted the penalty of reclusion perpetua for Qualified Theft in [a separate case.]”
“The penalty for Qualified Theft is two degrees higher under Article 31062 of the Revised Penal Code, thus appellant was correctly sentenced to reclusion perpetua. However, appellant is disqualified under R.A. No. 9346 in relation to Resolution No. 24-4-1064 to avail the benefits of parole.”
Concurring with the ruling were Associate Justices Diosdado M. Peralta, Jose P. Perez and Jose C. Mendoza. PNA
source: Manila Times
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