SECOND DIVISION
[G.R. No. 254135. March 3, 2021.]
CHRISTIAN BRYAN HENSON y BRON, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 March 2021which reads as follows: ATICcS
"G.R. No. 254135 (Christian Bryan Henson y Bron v. People of the Philippines). — After a judicious review of the records, this Court resolves to DENY the Petition 1 for failure of Christian Bryan Henson y Bron (petitioner) to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 16, 2020 Decision 2 and October 23, 2020 Resolution, 3 as to warrant the exercise of this Court's appellate jurisdiction.
As to the penalty in Criminal Case No. 156565 for Illegal Possession of Explosives, Section 3 of Presidential Decree (P.D.) No. 1866, as amended by Republic Act (R.A.) No. 8294, was further amended by R.A. No. 9516. Pursuant to Sec. 1 4 of R.A. No. 9516, Sec. 3 of P.D. No. 1866 now provides that the penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully possess any explosive including, but not limited to, hand grenade(s). Consequently, petitioner should have been sentenced to suffer the penalty of reclusion perpetua.
WHEREFORE, the petition is DENIED. The June 16, 2020 Decision of the Court of Appeals in CA-G.R. CR No. 42725 is AFFIRMED with MODIFICATION, to wit:
1.) In Criminal Case No. 156564, petitioner Christian Bryan Henson y Bron is found GUILTY beyond reasonable doubt of violation of R.A. No. 6539, otherwise known as the Anti-Carnapping Act of 1972 and is hereby SENTENCED to suffer the indeterminate penalty of imprisonment of Fourteen (14) years and Eight (8) months, as minimum, to Fifteen (15) years, as maximum.
2.) In Criminal Case No. 156565, petitioner Christian Bryan Henson y Bron is found GUILTY beyond reasonable doubt of violation of P.D. No. 1866, as amended by R.A. No. 9516, 5 or the crime of Illegal Possession of Firearms and Ammunitions or Explosives and is hereby SENTENCED to suffer the penalty of reclusion perpetua.
SO ORDERED." (Rosario, J., on leave.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 12-29.
2.Id. at 36-47; penned by Acting Presiding Justice Remedios A. Salazar-Fernando with Associate Justices Ramon A. Cruz and Perpetua Susana T. Atal-Paño, concurring.
3.Id. at 49-50.
4.SECTION 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device. — The penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or incendiary device, with knowledge of its existence and its explosive or incendiary character, where the explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person, including but not limited to hand grenade(s), rifle grenade(s), 'pillbox bomb,' 'molotov cocktail bomb,' 'fire bomb,' and other similar explosive and incendiary devices.
xxx xxx xxx (emphases supplied) (Amending P.D. 1866, as Amended Re: Illegal Possession of Firearms, Republic Act No. 9516, December 22, 2008)
5. An Act Further Amending the Provisions of Presidential Decree No. 1866, as Amended, Entitled "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for other Relevant Purposes."