THIRD DIVISION
[G.R. No. 257319. December 6, 2021.]
RONNIE L. GIGANTONE, petitioner, vs.PEOPLE OF THE PHILIPPINES AND JOSELITO JEBULAN, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedDecember 6, 2021, which reads as follows:
"G.R. No. 257319 (Ronnie L. Gigantone v. People of the Philippines and Joselito Jebulan). — After a perusal of the records of the case, this Court resolves to deny the petition for review on certiorari for failure of petitioner Ronnie L. Gigantone (Gigantone) to sufficiently show that the Court of Appeals committed reversible error in dismissing his motion for extension of time to file his petition for review. However, the imposition of a penalty of imprisonment upon Gigantone for his violation of Batas Pambansa Bilang 22 is unnecessary considering that he is neither a habitual delinquent nor a recidivist. In line with the Court's Administrative Order Nos. 12-00 and 13-01, the penalty of a fine is sufficient to penalize him for his violation. EHaASD
WHEREFORE, the petition is DENIED. The Resolutions dated January 29, 2020 and May 17, 2021 of the Court of Appeals in CA-G.R. CR No. 44502 are AFFIRMED. Petitioner Ronnie L. Gigantone is hereby found GUILTY beyond reasonable doubt of violation of Batas Pambansa Bilang 22, subject to the MODIFICATION that petitioner Ronnie L. Gigantone is sentenced to a penalty of a fine of P100,000.00 for Criminal Case No. 2015-1159 and a fine of P200,000.00 for Criminal Case No. 2015-1160, with subsidiary imprisonment in both in case of insolvency. Petitioner Ronnie L. Gigantone is ORDERED to pay private complainant Joselito Jebulan Six P600,000.00 representing the principal obligation plus the amount of P168,000.00 representing the interest from October 5, 2014, the date of demand, until July 1, 2019, the date of judgment of the Municipal Trial Court in Cities of Sorsogon City, Branch 2 in Criminal Case Nos. 2015-1159 and 2015-1160. The total amount due shall be further subject to a legal interest of six percent (6%) per annum from the date of the finality of this Resolution until full payment.
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court