Lariosa-Tumog v. People

SECOND DIVISION

[G.R. No. 256791. March 14, 2022.]

JURISA C. LARIOSA-TUMOG, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated14 March 2022which reads as follows:

"G.R. No. 256791(Jurisa C. Lariosa-Tumog vs. People of the Philippines). — This Petition for Review on Certiorari under Rule 45 (Petition) 1 seeks to reverse and set aside the Decision 2 dated 02 December 2020 and Resolution 3 dated 11 June 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 42934. The CA affirmed the Decision dated 03 January 2018 of the Branch 40, Regional Trial Court (RTC), Manila in Criminal Case No. 13-298623, finding petitioner Jurisa C. Lariosa-Tumog guilty beyond reasonable doubt of Qualified Theft under Article 310 of the Revised Penal Code (RPC). 4

After a judicious review of the case, this Court resolves to DENY the Petition for failure of petitioner to sufficiently show any reversible error in the assailed Decision and Resolution of the CA.

However, We modify the penalty imposed. The penalties under Article 309 5 have been modified in view of the enactment of Republic Act No. 10951. 6 Since the total value involved is P60,000.00, the penalty under Article 309 of the RPC is prision correccional in its minimum and medium periods. Pursuant to Article 310 of the RPC, the prescribed penalty shall be increased by two (2) degrees or to prision mayor in its medium to maximum periods, which has a duration of eight (8) years and one (1) day to twelve (12) years.

Applying the Indeterminate Sentence Law and considering the lack of any mitigating or aggravating circumstance, the Court finds it proper to impose upon petitioner an indeterminate penalty of five (5) years, five (5) months and eleven (11) days of prision correccional, as minimum, to nine (9) years, four (4) months and one (1) day of prision mayor, as maximum. 7

WHEREFORE, the Petition for Review on Certiorari is DENIED. The Court of Appeals Decision dated 2 December 2020 and Resolution dated 11 June 2021 in CA-G.R. CR No. 42934 is AFFIRMED with MODIFICATION. Petitioner Jurisa C. Lariosa-Tumog is sentenced to suffer an indeterminate penalty of five (5) years, five (5) months and eleven (11) days of prision correccional, as minimum, to nine (9) years, four (4) months and one (1) day of prision mayor, as maximum.

Moreover, the Court resolves to GRANT petitioner's motion for extension of thirty (30) days from the expiration of the reglementary period within which to file a petition for review on certiorari. CAIHTE

SO ORDERED."

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. 10-43.

2.Id. at 49-54; penned by Associate Justice Germano Francisco D. Legaspi and concurred in by Associate Justices Franchito N. Diamante and Walter S. Ong of the Eleventh (11th) Division, Court of Appeals, Manila.

3.Id. at 57-58; penned by Associate Justice Germano Francisco D. Legaspi and concurred in by Associate Justices Marie Azcarraga-Jacob and Walter S. Ong of the Special Former Eleventh (11th) Division, Court of Appeals, Manila.

4.Id. at 49.

5. ARTICLE 309. Penalties. — Any person guilty of theft shall be punished by:

1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing stolen is more than One million two hundred thousand pesos (P1,200,000) but does not exceed Two million two hundred thousand pesos (P2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (P1,000,000), but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.

2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing stolen is more than Six hundred thousand pesos (P600,000) but does not exceed One million two hundred thousand pesos (P1,200,000).

3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos (P600,000).

4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of the property stolen is over Five thousand pesos (P5,000) but does not exceed Twenty thousand pesos (P20,000).

5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500) but does not exceed Five thousand pesos (P5,000).

6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos (P500).

7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed Five hundred pesos (P500). If such value exceeds said amount, the provisions of any of the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (P5,000), when the value of the thing stolen is not over Five hundred pesos (P500), and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.

6. Entitled "An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based, and the Fines Imposed under the Revised Penal Code, Republic Act No. 10951," approved on 29 August 2017.

7. See Reside v. People, G.R. No. 210318, 28 July 2020; See also Mangulabnan v. People, G.R. No. 236848, 08 June 2020.