THIRD DIVISION
[G.R. No. 230251. September 2, 2019.]
VINCENT AMPOSTA AND BERNARD ROCHA, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedSeptember 2, 2019, which reads as follows:
"G.R. No. 230251 (Vincent Amposta and Bernard Rocha v. People of the Philippines). — After a judicious study of the case, this Court resolves to deny the motion for reconsideration filed by petitioners Vincent Amposta (Amposta) and Bernard Rocha (Rocha), and affirms with modification their conviction for the crime of estafa through falsification of public documents.
In its July 17, 2017 Resolution, the Court denied Amposta and Rocha's petition for review on certiorari for failure to sufficiently show any reversible error in the assailed judgment to warrant the exercise by this Court of its discretionary appellate jurisdiction. In its May 6, 2016 Decision, the Court of Appeals, considering the subject amount is P135,000.00, modified the sentence imposed by the Regional Trial Court to an indeterminate penalty of four (4) years, two (2) months of prision correccional, as minimum, to seventeen (17) years, eight (8) months and twenty-one (21) days of reclusion temporal, as maximum, pursuant to Article 315 of the Revised Penal Code (RPC).
While this Court finds no reversible error in the conviction of Amposta and Rocha, the Court deems it necessary to modify the penalty initially imposed upon the petitioners in light of Republic Act (R.A.) No. 10951, 1 which adjusted the amounts of property and damage on which penalties are based.
Section 85 of R.A. No. 10951, which amended Article 315 of the RPC, provides:
ART. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned herein below shall be punished by:
3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
On the other hand, the penalty of imprisonment for falsification of a public document is the same for both Article 171 (4) of the RPC and R.A. No. 10951 which is prisión mayor, albeit, the imposable fine is different. Under the RPC, the imposable fine is not more than Five Thousand Pesos (P5,000.00), while under R.A. No. 10951, the imposable fine is not more than One Million Pesos (P1,000,000.00).
The penalty of imprisonment in the crime of estafa under R.A. No. 10951 is now lighter than the penalty of imprisonment for falsification of public documents. Applying Article 48 of the RPC for the complex crime of estafa through falsification of public documents, the penalty for the graver offense should be imposed in the maximum period. Hence, the penalty for falsification of public documents should be imposed in the maximum period, being the more serious crime than estafa. However, the penalty of fine of not more than Five Thousand Pesos (P5,000.00) under the old law should be imposed because this is more favorable to the accused than the penalty of fine of not more than One Million Pesos (P1,000,000.00) under the present law.
From the foregoing, the Court hereby modifies the indeterminate sentence imposable on Amposta and Rocha so that the minimum term should come from the penalty next lower in degree which is prision correccional, (6 months and 1 day to 6 years), and the maximum term should come from prision mayor in its maximum period (10 years and 1 day to 12 years). In fine, Amposta and Rocha should be sentenced to suffer imprisonment of six (6) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prisión mayor, as maximum.
WHEREFORE, premises considered, the Motion for Reconsideration is DENIED. The Decision dated May 6, 2016 of the Court of Appeals in CA-G.R. CR No. 36647 is hereby AFFIRMED with MODIFICATION in that petitioners Vincent Amposta and Bernard Rocha are hereby sentenced to each suffer the penalty of imprisonment of six (6) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prisión mayor, as maximum, and to pay a FINE in the amount of Five Thousand Pesos (P5,000.00), with subsidiary imprisonment in case of insolvency. An interest of six percent (6%) per annum on the amount of P135,000.00 reckoned from the finality of this Resolution until full payment is also imposed.
SO ORDERED."
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
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.