FIRST DIVISION
[G.R. No. 200155. October 13, 2014.]
LINDA GARCIA ESTRELLA, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated October 13, 2014which reads as follows:
"G.R. No. 200155 (Linda Garcia Estrella v. People of the Philippines). — After a judicious review of the records, the Court resolves to DENY the instant petition for failure of Linda Garcia Estrella (petitioner) to show any reversible error committed by the Court of Appeals (CA) in upholding her conviction for estafa, as defined and penalized under Article 315, paragraph 1 (b) of the Revised Penal Code (RPC), with modification as to the penalty. aICHEc
The settled rule is that when the trial court's findings have been affirmed by the appellate court, said findings are generally conclusive and binding upon this Court, 1 subject to certain recognized exceptions that do not obtain in this case. As correctly pointed out by the CA, petitioner's unsubstantiated denials cannot prevail over the positive and categorical declarations of private complainant Angelita T. Santiago that she received pieces of jewelry in trust for the latter on December 11, 2000 for which she signed a trust receipt on even date. The fact that petitioner failed to timely move for fingerprint analysis before the trial court due to her lawyer's mistake or negligence, to which she is bound, cannot exculpate her from liability.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the June 30, 2011 Decision 2 of the CA in CA-G.R. CR No. 31766 and AFFIRMS said Decision finding petitioner Linda Garcia Estrella GUILTY beyond reasonable doubt of the crime of Estafa under Article 315, paragraph 1 (b) of the RPC. However, the penalty of imprisonment is modified to four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months, and twenty-one (21) days of prision mayor, as maximum. Petitioner is likewise ordered to pay private complainant Angelita T. Santiago the amount of P28,000.00 as civil liability.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. People v. de Guzman, 550 Phil. 374, 384 (2007); citation omitted.
2. Rollo, pp. 60-74. Penned by Associate Justice Stephen C. Cruz with Associate Justices Isaias P. Dicdican and Angelita A. Gacutan, concurring.