THIRD DIVISION
[G.R. No. 230302. July 15, 2019.]
CHARLIE A. MACARAIG, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 15, 2019, which reads as follows:
"G.R. No. 230302 (Charlie A. Macaraig v. People of the Philippines). — After a judicious study of the case, this Court resolves to deny the motion for reconsideration filed by petitioner Charlie A. Macaraig (Macaraig), and affirms with modification his conviction for the crime of estafa through falsification of public documents.
While this Court finds no reversible error in the ruling that Macaraig was guilty beyond reasonable doubt, this Court deems it necessary to modify the penalty initially imposed upon him in light of Republic Act (R.A.) No. 10951, 1 which adjusted the amounts of property and damage on which penalties are based.
In its July 17, 2017 Resolution, 2 the Court denied Macaraig's petition for review on certiorari for failure to sufficiently show any reversible error in the assailed judgment to warrant the exercise by this Court of its discretionary appellate jurisdiction. In the assailed May 6, 2016 Decision, 3 the Court of Appeals, considering the subject amount of damage is P135,000.00, modified the sentence imposed by the Regional Trial Court to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to seventeen (17) years, eight (8) months and twenty-one (21) days of reclusion temporal, as maximum, pursuant to Article 315 of the Revised Penal Code (RPC). HTcADC
However, Section 85 of R.A. No. 10951, which amended Article 315 of the RPC, provides:
ART. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned herein below shall be punished by:
3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
On the other hand, for falsification of a public document, the penalty of imprisonment is the same for both Article 171 (4) of the RPC and R.A. No. 10951 which is prisión mayor, albeit, the imposable fine is different. Under the RPC, the imposable fine is not more than Five Thousand Pesos (P5,000.00); while under R.A. No. 10951, the imposable fine is not more than One Million Pesos (P1,000,000.00).
Therefore, the penalty of imprisonment in the crime of estafa under R.A. No. 10951 is now lighter than the penalty of imprisonment for falsification of public documents. Applying then Article 48 of the RPC for the complex crime of estafa through falsification of public documents, the penalty for the graver offense should be imposed in the maximum period. Hence, the penalty for falsification of public documents should be imposed in the maximum period, being the more serious crime then estafa. However, the penalty of fine of not more than Five Thousand Pesos (P5,000.00) under the old law should be imposed because this is more favorable to the petitioner than the penalty of fine of not more than One Million Pesos (P1,000,000.00) under the present law.
From the foregoing, the Court modifies the indeterminate sentence imposable on Macaraig so that the minimum term should come from the penalty next lower in degree which is prision correccional (6 months and 1 day to 6 years), and the maximum term should come from prision mayor in its maximum period (10 years and 1 day to 12 years). In fine, Macaraig should be sentenced to suffer an imprisonment of six (6) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prisión mayor, as maximum. CAIHTE
WHEREFORE, premises considered, the Motion for Reconsideration is DENIED. The Decision dated May 6, 2016 of the Court of Appeals in CA-G.R. CR No. 36647 is hereby AFFIRMED with MODIFICATION in that petitioner Charlie A. Macaraig is hereby sentenced to suffer the penalty of imprisonment of six (6) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prisión mayor, as maximum, and to pay a FINE in the amount of Five Thousand Pesos (P5,000.00), with subsidiary imprisonment in case of insolvency.
The Court also imposes an interest of six percent (6%) per annum on the amount of P135,000.00 reckoned from the finality of this Resolution until full payment.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.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.
2.Rollo, p. 279.
3.Id. at 43-63.