Luklukan v. People
This is a criminal case entitled "Martha Luklukan vs. People of the Philippines and Jovito L. Lobarbio" (G.R. No. 228157, January 30, 2017). The Supreme Court of the Philippines denied the Petition for Review on Certiorari filed by Martha Luklukan, who was found guilty of estafa under Article 315, paragraph 1 (b) of the Revised Penal Code. The Court of Appeals' decision affirming the Regional Trial Court's decision was upheld. Luklukan was sentenced to suffer the indeterminate prison term of two (2) years, eleven (11) months, and eleven (11) days of prision correccional, as minimum, to twelve (12) years of prision mayor, as maximum. She was also ordered to indemnify the heirs of Jovito Lobarbio the sum of Sixty-Two Thousand Eight Hundred Pesos (P62,800.00) plus legal interest and pay the costs of the suit.
ADVERTISEMENT
THIRD DIVISION
[G.R. No. 228157. January 30, 2017.]
MARTHA LUKLUKAN, petitioner,vs. PEOPLE OF THE PHILIPPINES AND JOVITO L. LOBARBIO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJanuary 30, 2017, which reads as follows: HTcADC
"G.R. No. 228157 (Martha Luklukan vs. People of the Philippines and Jovito L. Lobarbio). — Before the Court is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Court challenging the Decision 2 dated October 27, 2016 of the Court of Appeals (CA) in CA-G.R. CR No. 37616, which affirmed the Decision 3 dated April 8, 2015 of the Regional Trial Court of Binangonan, Rizal, Branch 68, in Criminal Case No. 03-0124, finding Martha Luklukan (Luklukan) guilty beyond reasonable doubt of the crime of Estafa punishable under Article 315, paragraph 1 (b) of the Revised Penal Code.
After an extensive review of the records of the case, the Court resolves to DENY the petition for review on certiorari for failure of Luklukan to sufficiently show any reversible error in the herein assailed CA decision to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, premises considered, the petition is DENIED. The Decision dated October 27, 2016 of the Court of Appeals in CA-G.R. CR No. 37616, holding Martha Luklukan guilty of the crime of Estafa under Article 315, paragraph 1 (b) of the Revised Penal Code, is hereby AFFIRMED. Martha Luklukan is hereby sentenced to suffer the indeterminate prison term of two (2) years, eleven (11) months, and eleven (11) days of prision correccional, in its minimum and medium periods, as minimum, to twelve (12) years of prision mayor, as maximum. She is further ordered to indemnify the heirs of Jovito Lobarbio the sum of Sixty-Two Thousand Eight Hundred Pesos (P62,800.00) plus legal interest paid thereon from the date of the filing of the complaint until fully paid and pay the costs of the suit." (Caguioa, J., designated Fifth Member of the Third Division per Special Order No. 2417 dated January 4, 2017.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 10-20.
2. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla, with Associate Justices Normandie B. Pizzaro and Samuel H. Gaerlan concurring; id. at 34-45.
3. Rendered by Presiding Judge Lily Ann M. Padaen; id. at 26-32.
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