Estafa; imposable penalty

SECOND DIVISION: [G.R. No. 238295, July 09, 2018] FELICIANO GONZALES Y CONTRERAS V. PEOPLE OF THE PHILIPPINES.

After an exhaustive review of the allegations, issues, and arguments presented by the parties, the Court resolves to DENY the petition for failure to adequately prove that the Court of Appeals committed a reversible error in its assailed Decision dated August24, 2017 as to warrant the exercise of the Court's discretionary appellate jurisdiction.

However, in view of the enactment of RA 10951[1] after the promulgation of the assailed Decision of the CA, there is a need to modify the ruling of the CA as regards the imposable penalty. For committing estafa involving the amount of P72,000.00, Art. 315 of the RPC, as amended by RA 10951, now provides that the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed if the amount involved is over P40,000.00 but does not exceed P1,200,000.00. There being no mitigating and aggravating circumstances, the maximum penalty should be one (1) year and one (1) day of prision correccional. Applying the Indeterminate Sentence Law, the minimum term of the indeterminate sentence is arresto mayor in its minimum and medium periods, the range of which is one (1) month and one (1) day to four (4) months. Thus, the indeterminate penalty should be modified to imprisonment of two (2) months and one (1) day of arresto mayor, as minimum, to one (1) year and one (1) day of prision correccional, as maximum.

WHEREFORE, PREMISES CONSIDERED, the Court ADOPTS the findings of fact and conclusions of law in the attached Decision dated August 24, 2017 of the Court of Appeals in CA-G.R. CR No. 38973. The Decision is AFFIRMED with MODIFICATION that petitioner is sentenced to an indeterminate penalty of two (2) months and one (1) day of arresto mayor, as minimum, to one (1) year and one (1) day of prision correccional, as maximum.

In addition, the amount of P72,000.00 shall earn an interest of twelve percent (12%) per annum from the filing of the Information on August 3,2000 until June 30, 2013, and an interest of six percent (6%) per annum from July 1, 2013 until its full satisfaction.

SO ORDERED.

[1] An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based, and the Fines Imposed under the Revised Penal Code, August 29, 2017.

Popular Posts