FIRST DIVISION
[G.R. No. 232816. January 30, 2019.]
ARSENIO LIWALIW AND SALDO MEGALLON, petitioners,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 30, 2019 which reads as follows:
"G.R. No. 232816 (Arsenio Liwaliw and Saldo Megallon vs. People of the Philippines)
After a judicious study of the case, this Court resolves to DENY the instant petition for failure of petitioners Liwaliw and Megallon to sufficiently show any reversible error in the assailed Decision dated December 15, 2016 and Resolution dated June 30, 2017 of the Court of Appeals (CA) which would warrant the exercise of this Court's appellate jurisdiction.
However, there is a need to modify the penalty imposed by the CA.
Violation of Section 68 1 of Presidential Decree No. 705, as amended, is punishable as Qualified Theft under Article 310 in relation to Article 309 of the Revised Penal Code (RPC). The Information filed against petitioners alleged that the two (2) Narra trees have a total volume of 20.0 cubic meters valued at P305,280.00 at P60.00 per board feet. However, the value is a mere estimate without sufficient basis. Thus, the minimum penalty provided under Article 309 (6) of the RPC shall be imposed, i.e., arresto mayor in its minimum and medium periods. 2 The penalty next higher by two degrees is prision correcional in its medium and maximum periods or two (2) years, four (4) months and one (1) day to six (6) years. Applying the Indeterminate Sentence Law, one degree lower is arresto mayor in its maximum period to prision correcional in minimum period or four (4) months and one (1) day to two (2) years and four (4) months. There being no aggravating and mitigating circumstances, the imposable penalty is within the range of the medium period. 3 Thus, the maximum penalty shall be taken anywhere from three (3) years, six (6) months and twenty-one (21) days to four (4) years, nine (9) months and ten (10) days. While the minimum penalty shall be taken anywhere from one (1) year and one (1) day to one (1) year and eight (8) months.
WHEREFORE, the petition is DENIED. The Court of Appeals Decision dated December 15, 2016 and Resolution dated June 30, 2017 in CA-G.R. CR No. 34341 is AFFIRMED with MODIFICATION that petitioners Arsenio Liwaliw and Saldo Megallon are sentenced to suffer the penalty of one (1) year and eight (8) months of prision correcional as minimum, to four (4) years, nine (9) months and ten (10) days of prision correccional as maximum.
SO ORDERED." Jardeleza, J., no part in view of his prior action in the Office of the Solicitor General; Reyes, J., J., designated additional Member per Raffle dated January 30, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. SECTION 68. Cutting, Gathering and/or Collecting Timber, or Other Forest Products without License. — Any person who shall cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
The court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathered, collected, removed, or possessed as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are found.
2.See Merida v. People, 577 Phil. 243 (2008).
3. Article 64 (1), RPC.