SECOND DIVISION
[G.R. No. 219488. November 11, 2015.]
ROGER CALISO y DINDIN, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 November 2015 which reads as follows:
"G.R. No. 219488: ROGER CALISO y DINDIN v. PEOPLE OF THE PHILIPPINES
After considering the allegations, issues, and arguments adduced in the Petition for Review on Certiorari1 assailing the Court of Appeals' April 30, 2015 Decision 2 and July 10, 2015 Resolution 3 in CA-G.R. CR No. 36479, this court resolves to DENY the Petition for failure to show any reversible error in the assailed Decision and Resolution. We AFFIRM the Court of Appeals' April 30, 2015 Decision and July 10, 2015 Resolution.
Considering, however, that the indeterminate penalty for estafa in its minimum period under Article 315, paragraph 2 (a) of the Revised Penal Code should be within the range of four (4) years, two (2) months, and one (1) day to five (5) years, five (5) months, and ten (10) days of prision correccional, 4 the penalty imposed on petitioner must be MODIFIED. For clarity and to incorporate the previous modifications made by the Court of Appeals in its April 30, 2015 Decision, the disposition of the Joint Decision 5 dated March 5, 2014 of Branch 197 of the Regional Trial Court of Las Piñas is hereby AMENDED as follows:
WHEREFORE, the court finds accused Roger Caliso GUILTY beyond reasonable doubt of the crimes of:
1) Simple Illegal Recruitment (Criminal Case Number 12-0099) as defined and penalized under Section 6 in relation to Section 7 (a) of Republic Act No. 8042 otherwise known as the 'Migrant Workers Act of 1995,' and sentences him to suffer an indeterminate penalty of imprisonment of eight (8) years and one (1) day as minimum, to twelve (12) years, as maximum, and to pay a fine of Php500,000.00; and
2) Estafa under Art. 315, par. 2 (a) of the Revised Penal Code (In Criminal Case Number 12-0098) and sentences him to suffer an indeterminate penalty of prison term of four (4) years and two (2) months and one day of prision correccional, as minimum, to twenty (20) years of reclusion temporal, as maximum.
Accused Roger Caliso is also ORDERED to indemnify complainant Enrique Bocal the amount of Php190,000.00.
All damages awarded shall earn interest at the rate of six percent (6%) per annum from finality of this judgment until its full satisfaction.
SO ORDERED.
SO ORDERED."
(Brion, J., on leave; Reyes, J., designated acting member per S.O. No. 2274 dated November 10, 2015; Mendoza, J., on leave; Perlas-Bernabe, J., designated as Acting Member per S.O. No. 2271 dated November 9, 2015.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 12-30.
2. Id. at 80-108.
3. Id. at 122.
4. See REV. PEN. CODE, art. 76 in relation to Act No. 4103, sec. 1.
5. Rollo, pp. 50-64.