FIRST DIVISION
[UDK 17599. July 18, 2022.]
ROLANDO MUTIA y QUIMNO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 18, 2022which reads as follows:
"UDK 17599 (Rolando Mutia y Quimno v. People of the Philippines). — This resolves the instant Petition 1 for review on certiorari under Rule 45 of the Rules of Court (Rules) filed by petitioner Rolando Mutia (petitioner) assailing the Decision 2 dated 24 November 2020 and the Resolution 3 dated 09 December 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 01759-MIN. 4
After a perusal of the petition and the records of the case, the Court resolves to DENY the instant petition for failure to sufficiently show any reversible error in the assailed judgment as to warrant the exercise of this Court's discretionary appellate jurisdiction pursuant to Section 6, Rule 45 of the Rules of Court. Petitioner also failed to pay docket and other lawful fees and provide proof of service to the court of origin, in violation of Section 5, Rule 56 of the Rules. Finally, petitioner erroneously raised questions of fact, which are beyond the scope of a Rule 45 petition.
Both the Regional Trial Court (RTC) and the CA correctly found petitioner guilty of violation of Article 212 of the Revised Penal Code (RPC). All the essential elements of the crime were proven by proof beyond reasonable doubt.
However, there is a need to modify the fine imposed. Article 212, in relation to the third paragraph of Article 210, of the RPC prescribes the penalty of prision correccional in its maximum period to prision mayor in its minimum period and a fine of not less than three times the value of such gift. Applying the Indeterminate Sentence Law, there being no aggravating and mitigating circumstance, the RTC correctly imposed the imprisonment of two years, four months and one day as minimum, to six years as maximum. Nevertheless, the RTC only imposed a fine of P40,000.00, which should be increased to P120,000.00.
WHEREFORE, the petition is hereby DENIED. The Decision dated 24 November 2020 and Resolution dated 09 December 2021 of the Court of Appeals in CA-G.R. CR No. 01759-MIN are hereby AFFIRMED with MODIFICATION in that petitioner ROLANDO MUTIA Y QUIMNO is sentenced to suffer imprisonment for a period of two years, four months, and one day as minimum, to six years as maximum and to pay a FINE of P120,000.00 in accordance with Article 210 of the Revised Penal Code. CAIHTE
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. 5-21.
2.Id. at 23-41. Penned by Associate Justice Richard D. Mordeno, and concurred in by Associate Justices Edgardo T. Lloren and Loida S. Posadas-Kahulugan.
3.Id. at 43-45. Penned by Associate Justice Richard D. Mordeno, and concurred in by Associate Justices Oscar V. Badelles and Loida S. Posadas-Kahulugan.
4. Entitled People of the Philippines v. Rolando Mutia y Quimno and Grace Lora y Navasca.