THIRD DIVISION
[G.R. No. 249885. July 15, 2020.]
BRYAN GO FIJI, petitioner,vs. ROY C. PINEDA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated July 15, 2020, which reads as follows:
"G.R. No. 249885 (BRYAN GO FIJI, petitioner v. ROY C. PINEDA, respondent). — After considering the allegations, issues, and arguments adduced in the petition for review on certiorari assailing the Court of Appeals' Decision 1 and Resolution 2 in CA-G.R. SP No. 151335, this Court resolves to DENY the petition for lack of merit.
However, in view of this Court's ruling in Nacar v. Gallery Frames, 3 the dispositive portion of the assailed decision is MODIFIED:
WHEREFORE, premises considered, the court finds accused BRYAN GO FIJI, GUILTY beyond reasonable doubt of Violation of Batas Pambansa Bilang 22 and hereby imposes upon him the following penalty:
Accused is directed to PAY A FINE of Two Hundred Thousand pesos (Php200,000.00) AND RESTITUTE to the private complainant the face value of Check No. 0552702 in the amount of One Million Six Hundred Seventy-six thousand six hundred and sixty-six with legal interest of [Six percent (6%)] per annum [or a fraction thereof] reckoned from the time the said check became due and demandable on November 6, 2010 and thereafter interest rate shall be at six percent (6%) per annum from the time the decision becomes final and executory until fully paid. 4 (Citation omitted, underscoring provided)
SO ORDERED." (Gaerlan, J., no part for having penned the assailed Court of Appeals decision and resolution;Perlas-Bernabe, J., designated additional Member per June 29, 2020 Raffle.)
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, pp. 37-46. The March 25, 2019 Decision was penned by Associate Justice Samuel H. Gaerlan (Now a Member of this Court) and concurred in by Associate Justices Celia C. Librea-Leagogo and Pablito A. Perez of the Fifth Division of the Court of Appeals, Manila.
2.Id. at 67-68. The October 16, 2019 Resolution was penned by Associate Justice Samuel H. Gaerlan (Now a Member of this Court) and concurred in by Associate Justices Celia C. Librea-Leagogo and Pablito A. Perez of the Former Fifth Division of the Court of Appeals, Manila.
3. 716 Phil. 267 (2013) [Per J. Peralta, En Banc].
4.Rollo, p. 40.