FIRST DIVISION
[G R. No. 240499. January 16, 2019.]
MA. ROSARIO "MARISSA" CARBALLO, petitioner,vs. THE PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 16, 2019 which reads as follows:
"G.R. No. 240499 (MA. ROSARIO "MARISSA" CARBALLO, Petitioner v. THE PEOPLE OF THE PHILIPPINES, Respondent) — After a judicious perusal of the records, the Court resolves to DENY the petition and to AFFIRM the March 20, 2018 Decision 1 and June 29, 2018 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 39735 for failure of the petitioner to sufficiently show any reversible error on the part of the CA in sustaining her conviction for the crime of estafa as defined and penalized under Article 315 (1) (b) of the Revised Penal Code.
The Court sees no cogent reason to depart from the findings of fact by the RTC that the CA affirmed. The factual findings of the trial court as affirmed by the CA are entitled to respect and are not disturbed on appeal unless some facts or circumstances of weight and substance were overlooked or misappreciated, and could materially affect the disposition of the case otherwise.
We note however, that modification of the penalty imposed by the CA is necessary. Applying Republic Act No. 10951, 3 the penalty prescribed for estafa where the amount defrauded is over P40,000.00 but does not exceed P1,200,000.00 is arresto mayor in its maximum period to prision correccional in its minimum period. 4 There being no aggravating or mitigating circumstance, 5 the proper imposable penalty should be one (1) year and one (1) day of prision correccional. Applying the Indeterminate Sentence Law, therefore, the penalty is a prison term of two (2) months and four (4) days of arresto mayor, as minimum, to one (1) year and seven (7) days of prision correccional, as maximum.
WHEREFORE, we AFFIRM the Decision promulgated on March 20, 2018 in CA-G.R. CR No. 39735 entitled People of the Philippines v. Ma. Rosario "Marissa" Carballo, but IMPOSE the penalty of an indeterminate sentence of two (2) months and four (4) days of arresto mayor, as minimum, to one (1) year and seven (7) days of prision correccional, as maximum.
Costs of suit to be paid by the petitioner.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 30-49.
2.Rollo, pp. 51-52.
3. Entitled "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."
4. Section 85, R.A. No. 10951 (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).
5. Article 64, paragraph 1 of the RPC, states that: "When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period."