FIRST DIVISION
[G.R. No. 257487. March 2, 2022.]
MUHAIMEN M. MAMANGCAO AND SHOA EVE T. SARIP, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 2, 2022which reads as follows:
"G.R. No. 257487 (Muhaimen M. Mamangcao and Shoa Eve T. Sarip v. People of the Philippines). — The Court resolves to DENY the petition for review on certiorari filed by Muhaimen M. Mamangcao and Shoa Eve T. Sarip (petitioners) for failure to sufficiently show that the Court of Appeals committed any reversible error in its Decision 1 dated July 24, 2020, and Resolution dated April 29, 2021, in CA-G.R. CR No. 01842-MIN.
However, there is a need to modify the penalty imposed against the petitioners in light of Republic Act No. 10951. Considering that the cost of damages was estimated to exceed P40,000.00, the imposable penalty is arresto mayor in its minimum and medium periods. Since no mitigating or aggravating circumstance was alleged and proven, the penalty must be imposed in its medium period, which is two months and one day to three months. The award of temperate damages in the amount of P50,000.00 is sustained since the actual cost of damages was not proven.
WHEREFORE, Muhaimen M. Mamangcao and Shoa Eve T. Sarip are found GUILTY beyond reasonable doubt of the crime of Malicious Mischief under Article 327 and penalized under Article 329 of the Revised Penal Code, as amended. The Decision dated July 24, 2020, and the Resolution dated April 29, 2021, of the Court of Appeals in CA-G.R. CR No. 01842-MIN are AFFIRMED with MODIFICATION that Muhaimen M. Mamangcao and Shoa Eve T. Sarip are sentenced to suffer imprisonment of two months (2) and one (1) day of arresto mayor. They are likewise ORDERED to PAY private complainant Rural Transit Mindanao, Inc. the amount of P50,000.00 by way of temperate damages, which shall earn interest at the rate of six percent (6%) per annum from the date of the finality of this resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 111-119; penned by Associate Justice Oscar V. Badelles, with Associate Justices Lily V. Biton and Richard D. Mordeno, concurring.