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MERCADO V PEOPLE

FACTS: Petition for review of accused Marvin Mercado where he assails his
conviction, and arguing that the Court of Appeals having increased the penalty
imposed by the court a quo to a prison term of seventeen (17) years and four (4)
months to thirty (30) years, should have certified the case to this Court as the
penalty of thirty (30) years was already reclusion perpetua, pursuant to the last
paragraph of Sec. 13, Rule 124, of the 2000 Rules of Criminal Procedure.

MARVIN MERCADO, together with Rommel Flores, Michael Cummins, Mark


Vasques and Enrile Bertumen, was charged with and convicted of violation of
R.A. 6538 or The Anti-Carnapping Act of 1972, as amended, for which he and
his co-accused were sentenced to a prison term of twelve (12) years and one
(1) day as minimum to seventeen (17) years and four (4) months of reclusion
temporal as maximum

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