FIRST DIVISION
[G.R. No. 235263. April 4, 2018.]
FRANKLIN K. MENESES, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 4, 2018which reads as follows:
"G.R. No. 235263 (Franklin K. Meneses v. People of the Philippines)
For Our review is the Court of Appeals' (CA's) Decision 1 dated August 2, 2017 and Resolution 2 dated October 6, 2017, in CA-G.R. CR No. 38825, finding petitioner Franklin K. Meneses guilty beyond reasonable doubt of violating Republic Act (RA) No. 1161, as amended, by Republic Act (RA) No. 8282, or the Social Security Law. HEITAD
After a careful review of the records of the case, this Court resolves to DENY the instant Petition for Review on Certiorari for failure of the petitioner to sufficiently show any reversible error in the assailed CA rulings.
We, however, resolve to modify the imposable penalty. Considering that the deducted and unremitted Social Security System contributions of Cytronics International, Inc.'s employees is in the total amount of P1,109,830.00, the proper penalty to be imposed upon the petitioner is prision correccional in its minimum and medium periods.
Applying the Indeterminate Sentence Law, the minimum of the indeterminate sentence shall be taken from the penalty next lower in degree to the prescribed penalty, which is arresto mayor in its medium and maximum period, i.e., two (2) months and one (1) day to six (6) months. Thus, the minimum of the indeterminate sentence is anywhere within two (2) months and one (1) day to six (6) months of arresto mayor. The maximum of the indeterminate sentence, in the absence of any modifying circumstance, as in this case, is within the range of the medium period of the penalty prescribed by law, which is one (1) year, eight (8) months and twenty-one (21) days to two (2) years, eleven (11) months and ten (10) days of prision correccional.
WHEREFORE, premises considered, the August 2, 2017 Decision and October 6, 2017 Resolution in CA-G.R. CR No. 38825, are hereby AFFIRMED WITH MODIFICATION, thus, petitioner is found GUILTY beyond reasonable doubt of violation of Republic Act No. 1161, as amended by Republic Act No. 8282, or the Social Security Law, and is hereby sentenced to suffer the indeterminate penalty of (2) months and one (1) day of arresto mayor as minimum, to one (1) year, eight (8) months and twenty-one (21) days of prision correccional as maximum. aDSIHc
SO ORDERED." Sereno, C.J., on leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Penned by Associate Justice Celia C. Librea-Leagogo, and concurred in by Associate Justices Florito S. Macalino and Ma. Luisa C. Quijano-Padilla. Rollo, pp. 10-32.
2.Id. at 36-37.