FIRST DIVISION
[G.R. No. 242125. March 4, 2019.]
RUEL BENDANILLO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 4, 2019 which reads as follows:
"G.R. No. 242125 (Ruel Bendanillo v. People of the Philippines)
Considering the allegations, issues and arguments presented, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) committed any reversible error in its assailed February 15, 2018 Decision 1 and the August 14, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
The Court, however, deems it necessary to modify the penalties imposed by the Regional Trial Court and the CA. In applying the proper penalty, the Court is guided by Republic Act No. 10951. 3 Since the value of the property misappropriated does not exceed Forty Thousand Pesos (P40,000.00) for each count of estafa, the prescribed penalty under Article 315 paragraph 1 (b) of the Revised Penal Code, as amended, is arresto mayor in its medium period and maximum period. There being no mitigating and aggravating circumstance, petitioner Ruel Bendanillo should be made to suffer a straight penalty of imprisonment of four (4) months and twenty (20) days of arrestomayor for each count.
The Court likewise deems it necessary to impose interest on the award of damages. From the finality of a judgment awarding a sum of money until it is satisfied, the award shall be considered a forbearance of credit, regardless of whether the award in fact pertained to one. 4 To be consistent with Nacar v. Gallery Frames, 5 and in accordance with Section 1 of Resolution No. 796 of the Monetary Board of the Bangko Sentral ng Pilipinas dated May 16, 2013, the interest on the monetary awards should be fixed at 6% per annum from July 1, 2013, until satisfaction thereof.
WHEREFORE, the findings of fact and conclusions of law in the February 15, 2018 Decision and the August 14, 2018 Resolution of the Court of Appeals in CA-G.R. CR No. 01478-MIN are AFFIRMED with MODIFICATIONS. Petitioner Ruel Bendanillo is found GUILTY beyond reasonable doubt of two (2) counts of estafa and is hereby sentenced to suffer the straight penalty of imprisonment of four (4) months and twenty (20) days of arresto mayor for each count. He is also ordered:
a) to pay Irenea C. Quabo the sum of P23,535.00 as actual damages, and P5,000.00 as moral damages plus interest of twelve percent (12%) per annum from October 6, 2011 to June 30, 2013 and six percent (6%) per annum from July 1, 2013 up to the finality of this judgment until fully paid; and
b) to pay Irenea C. Quabo the sum of P29,215.00 as actual damages, and P5,000.00 as moral damages plus interest of twelve percent (12%) per annum from October 6, 2011 to June 30, 2013 and six percent (6%) per annum from July 1, 2013 up to the finality of this judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 40-51; penned by Associate Justice Tita Marilyn Payoyo-Villordon with Associate Justices Oscar V. Badelles and Romulo V. Borja, concurring.
2.Id. at 58-59.
3. 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, Amending for the Purpose Act No. 3815, Otherwise Known as "The Revised Penal Code", as Amended.
4.Davao Holiday Transport Services Corporation v. Spouses Eulogio and Carmelita Emphasis, G.R. No. 211424, November 26, 2014, citing S.C. Megaworld Construction and Development Corporation v. Parada, G.R. No. 183804, September 11, 2013, 705 SCRA 584, 609.
5. 716 Phil. 267, 279-281 (2013).