THIRD DIVISION
[G.R. No. 247337. September 2, 2019.]
MICHAEL JOHN GALANG y SARMIENTO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedSeptember 2, 2019, which reads as follows:
"G.R. No. 247337 — (Michael John Galang y Sarmiento, Petitioner, vs. People of the Philippines, Respondent). — Considering the allegations, arguments and issues raised in the instant Petition for Review on Certiorari, the Court resolves to DENY the Petition for failure of Michael John Galang y Sarmiento (petitioner) to show that the Court of Appeals (CA) in CA-G.R. CR No. 39907 1 committed any reversible error in affirming the Decision 2 dated March 16, 2017 of the Regional Trial Court (RTC) of Manila, Branch 3, finding petitioner guilty of violating the Commission on Elections Resolution No. 9561, 3 in relation to Section 261 (q) 4 of the Omnibus Election Code, as amended, and Sections 32 5 and 33 6 of Republic Act No. 7166.
The Petition must fail because it raises factual issues which are beyond the scope of a Rule 45 Petition as only questions of law may be raised in a petition for review on certiorari. While there are exceptions to this rule, none of which was established here. Moreover, the Court sees no reason to disturb the factual finding of the RTC, as upheld by the CA, that petitioner was in possession of an unlicensed firearm with shells and live ammunition during the election period of 2013. This finding of the trial court, as affirmed on appeal, deserves full weight and credit, there being no showing that the lower courts overlooked relevant facts which would affect the outcome of this case. 7
However, the Court deems it necessary to modify the penalty imposed against petitioner. Applying the Indeterminate Sentence Law, the penalty to be imposed for violation of the election gun ban should have a maximum period of imprisonment not exceeding six (6) years and a minimum period which shall not be less than one (1) year. 8 Accordingly, the RTC, as upheld by the CA, erred in imposing a straight penalty of two (2) years against petitioner. For which reason, the Court hereby imposes upon him the penalty of imprisonment for an indeterminate period of one (1) year and six (6) months, as minimum term, to two (2) years, as maximum. All the accessory penalties against petitioner stand. 9
WHEREFORE, the Court ADOPTS the factual findings of the trial court as affirmed by the Court of Appeals. The assailed Decision 10 dated June 25, 2018 and the Resolution 11 dated April 25, 2019 of the Court of Appeals in CA-G.R. CR No. 39907 are AFFIRMED with MODIFICATION in that petitioner Michael John Galang y Sarmiento is hereby sentenced to imprisonment for an indeterminate period of one (1) year and six (6) months, as minimum term, to two (2) years, as maximum.
SO ORDERED." (Hernando, J., on official leave)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 33-47.
2.Id. at 63-81.
3. Resolution on Gun Ban.
4. Section 261 (q). Carrying firearms outside residence or place of business.
5. Section 32. Who May Bear Firearms.
6. Section 33. Security Personnel and Bodyguards.
7.Madrigal vs. People, 584 Phil. 241, 244 (2008).
8.Escalante vs. People, et al., 701 Phil. 332, 344 (2013).
9.Larry Sabuco Manibog vs. People of the Philippines, G.R. No. 211214, March 20, 2019.
10.Supra note 1.
11.Rollo, p. 49.