FIRST DIVISION
[G.R. No. 259165. August 17, 2022.]
MA. ANNELA C. AVELLANEDA-RALLAMA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated August 17, 2022, which reads as follows:
"G.R. No. 259165 (Ma. Annela C. Avellaneda-Rallama vs. People of the Philippines). — The Court resolves to DENY the Petition for Review on Certiorari for failure to sufficiently show any reversible error in the assailed judgment as to warrant the exercise of this Court's discretionary appellate jurisdiction in this case pursuant to Section 6, Rule 45 of the Rules of Court, and for lack of merit in the appeal pursuant to Section 5, Rule 45 in relation to Section 5 (b), Rule 56 of the Rules of Court.
However, in accordance with the Court's ruling in the case of Nacar v. Gallery Frames, Inc., 1 the actual damages in the amount of P1,111,305.00 representing the face value of the 30 checks shall further incur interest. Upon perusal of the records at hand, the date of filing of the Information cannot be ascertained. Hence, the amount of P1,111,305.00 shall earn interest at the rate of 12% per annum reckoned from the filing of the Information, if filed before June 30, 2013, until June 30, 2013. From July 1, 2013, interest at the rate of 6% per annum is imposed until finality of this Resolution. However, if the Information is filed after June 30, 2013, then the amount of P1,111,305.00 shall earn interest at the rate of 6% per annum reckoned from the date of filing of the Information, until finality of this Resolution.
Finally, the total amount of the foregoing shall earn interest at the rate of 6% per annum from finality of this Resolution until full payment.
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Decision dated December 15, 2020 and the Resolution dated February 28, 2022 of the Court of Appeals in CA-G.R. CR No. 41856 are hereby AFFIRMED with MODIFICATION as follows:
1. Petitioner Ma. Annela C. Avellaneda-Rallama is hereby sentenced to suffer six (6) months imprisonment for each of the 30 counts of violations of Batas Pambansa Blg. 22;
2. Petitioner is also ordered to indemnify private respondent Flordeliza Sanga the amount of P1,111,305.00 representing the total face value of all the dishonored checks. The foregoing amount shall earn interest as follows:
a) Interest of 12% per annum is imposed reckoned from the filing of the Information, if filed before June 30, 2013, until June 30, 2013. From July 1, 2013, interest of 6% per annum is imposed until finality of the Resolution.
b) If the Information is filed after June 30, 2013, interest of 6% per annum is imposed reckoned from date of filing of the Information, until finality of this Resolution.
c) The total amount of the foregoing shall earn interest of 6% per annum from finality of this Resolution until full payment.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. 716 Phil. 267, 282-283 (2013).