SECOND DIVISION
[G.R. No. 252706. January 13, 2021.]
PO1 MICHAEL GRAGASIN y ROLLE A.K.A. "MIKE", petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 13 January 2021which reads as follows:
"G.R. No. 252706 (PO1 Michael Gragasin y Rolle a.k.a. "Mike" v. People of the Philippines). — Before this Court is a petition for review on certiorari assailing the Decision 1 dated August 14, 2019 and Resolution 2 dated June 17, 2020 of the Court of Appeals (CA) in CA-G.R. CR No. 41974 which affirmed the conviction of PO1 Michael Gragasin y Rolle a.k.a. "Mike" (petitioner) for Simple Robbery (extortion) and subsequently, denied his motion for reconsideration.
At the outset, we GRANT the First Motion for Extension of Time to File Appeal by Certiorari3 filed by petitioner, asking for a 30-day period within which to file his petition.
Anent the petition, considering the allegations, issues, and arguments raised, as well as the pleadings filed with the CA and Regional Trial Court (RTC), this Court finds no cogent reason to deviate from the ruling of the courts below finding petitioner guilty beyond reasonable doubt of robbery, and resolves to deny the petition. However, it is necessary to modify the penalty imposed.
Under Article 294 (5) of the Revised Penal Code, the penalty prescribed for robbery is prision correccional, in its maximum period, to prision mayor, in its medium period, which ranges from four (4) years, two (2) months and one (1) day to ten (10) years. In the absence of mitigating or aggravating circumstances, the maximum term of the indeterminate sentence shall be within the medium period of the prescribed penalty, i.e., six (6) years, one (1) month and eleven (11) days, to eight (8) years and twenty (20) days. Thus, the maximum term of six (6) years and one (1) day imposed by the trial court is erroneous. In accordance with these applicable laws, we adjusted the maximum term of petitioner's indeterminate sentence to six (6) years, one (1) month and eleven (11) days. On the other hand, the trial court correctly imposed a minimum term of four (4) years considering that the penalty next lower than that prescribed is arresto mayor, in its maximum period, to prision correccional, in its medium period, ranging from four (4) months and one (1) day, to four (4) years, and two (2) months.
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Decision dated August 14, 2019 and Resolution dated June 17, 2020 of the Court of Appeals in CA-G.R. CR No. 41974 are AFFIRMED with MODIFICATION in that Michael Gragasin y Rolle is sentenced to an indeterminate sentence of four (4) years, as minimum, to six (6) years, one (1) month and eleven (11) days, as maximum.
SO ORDERED. (Rosario, J., no part due to prior action in the Court of Appeals; Carandang, J., designated additional Member per Special Order No. 2797-M dated November 26, 2020.)"
By authority of the Court:
TERESITA AQUINO TUAZONDivision Clerk of Court
By:
(SGD.) MA. CONSOLACION GAMINDE-CRUZADADeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 79-98; penned by Associate Justice Zenaida T. Galapate-Laguilles, with the concurrence of Associate Justices Ricardo R. Rosario (now a Member of this Court) and Walter S. Ong.
2.Id. at 105-106.
3.Id. at 3-6.