FIRST DIVISION
[G.R. No. 240508. March 4, 2019.]
JOHN CHENG, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 4, 2019which reads as follows:
"G.R. No. 240508 — (John Cheng v. People of the Philippines)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its July 19, 2017 Decision 1 and July 10, 2018 Resolution 2 in CA-G.R. SP No. 130648, as to warrant the exercise of the Court's appellate jurisdiction. Further, petitioner's arguments are raised for the first time on appeal thus, barred by estoppel. In any event, the arguments still lack merit to be given due course.
In criminal law, an appeal throws the entire case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's decision based on grounds other than those that the parties raised as errors. The appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine the records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law. As such, the RTC's imposition of a subsidiary penalty in case of insolvency is a mere exercise of this authority.
Further, the penalty of fine can only be the object of proper execution and can never be compromised. Therefore, the issuance of the writ of execution on both the decision and order on the compromise agreement is proper.
WHEREFORE, the petition is DENIED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 53-64; penned by Associate Justice Renato C. Francisco, with Associate Justices Ramon M. Bato, Jr. and Manuel M. Barrios, concurring.
2.Id. at 66-67.