SECOND DIVISION
[G.R. No. 221152. March 2, 2016.]
EMMA HOLDEM, also known as EMMA HOLDEM-AYA, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 02 March 2016 which reads as follows:
"G.R. No. 221152: EMMA HOLDEM, also known as EMMA HOLDEM-AYA v. PEOPLE OF THE PHILIPPINES
After considering the allegations, issues, and arguments adduced in the Petition for Certiorari1 assailing the Court of Appeals' October 19, 2015 Decision 2 in CA-G.R. CR No. 34913, this court resolves to DENY the Petition for failure to show any reversible error in the assailed Decision and Resolution. We AFFIRM the conviction of petitioner Emma Holdem, also known as Emma Holdem-Aya, for estafa under Article 315, (1) (b) of the Revised Penal Code. 3
Considering, however, that the indeterminate penalty in its minimum period for estafa under Article 315, (1) (b) of the Revised Penal Code should be within the range of four (4) years, two (2) months, and one (1) day to five (5) years, five (5) months, and ten (10) days of prision correccional, 4 the penalty imposed on petitioner must be MODIFIED. The dispositive portion of the Decision 5 dated October 26, 2011 of Branch 195 of the Regional Trial Court of Parañaque City is hereby AMENDED as follows: 6
WHEREFORE, this court finds accused EMMA HOLDEM a.k.a. EMMA HOLDEM AYA, guilty beyond reasonable doubt of the crime of estafa under Article 315 (1-b) of the Revised Penal Code and hereby sentences her to suffer the Indeterminate Penalty of Four (4) years and two (2) months and one day of prision correccional as minimum to twenty (20) years of reclusion temporal as maximum of imprisonment which carries with it the accessory penalty of civil interdiction during the period of the sentence and that of perpetual absolute disqualification.
SO ORDERED.
The Compliance 7 dated January 6, 2016 with this court's December 2, 2015 Resolution 8 is NOTED.
SO ORDERED." CAIHTE
(Brion, J., on leave.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 9-31.
2. Id. at 34-47. The Decision was penned by Associate Justice Melchor Q.C. Sadang and concurred in by Associate Justices Celia C. Librea-Leagogo (Chair) and Amy C. Lazaro-Javier of the Ninth Division.
3. Id. at 61, Regional Trial Court Decision.
4. See REV. PEN. CODE, art. 76, in relation to Act No. 4103, sec. 1.
5. Rollo, pp. 49-61. The Decision was penned by Judge Aida Esrella n Macapagal of Branch 195 of the Regional Trial Court, Parañaque City.
6. Id. at 61.
7. Id. at 106-107.
8. Id. at 6.
n Note from the Publisher: Copied verbatim from the official document. The name "Esrella" should read as "Estrella".