SECOND DIVISION
[G.R. No. 220508. January 20, 2016.]
EDUARDO NUEVA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 20 January 2016 which reads as follows:
"G.R. No. 220508: EDUARDO NUEVA v. PEOPLE OF THE PHILIPPINES
After considering the allegations, issues, and arguments adduced in the Petition for Review on Certiorari1 assailing the Court of Appeals' April 29, 2015 Decision 2 and September 14, 2015 Resolution 3 in CA-G.R. CR No. 34347, this court resolves to AFFIRM the conviction of the accused in the Court of Appeals Decision and Resolution for failure to show any reversible error.
Considering, however, this court's Decisions in Nacar v. Gallery Frames4 and People v. Villanueva, 5 the penalty imposed on petitioner must be MODIFIED to include the interest earned on the monetary awards. For clarity and to incorporate the previous modifications made by the Court of Appeals in its April 29, 2015 Decision, the disposition of the Judgment 6 dated May 13, 2011 of Branch 7 of the Regional Trial Court of Manila is hereby AMENDED as follows:
WHEREFORE, this Court finds accused Eduardo M. Nueva GUILTY beyond reasonable doubt of the crime of Estafa defined and penalized under Article 315, paragraph 1(b) of the Revised Penal Code.
Consonant with the Indeterminate Sentence Law where the penalty provided for should be imposed in its maximum period, this Court imposes upon accused Eduardo M. Nueva an indeterminate penalty of FOUR (4) YEARS, TWO (2) MONTHS of prision correccional, as minimum, to TWENTY (20) YEARS of reclusion temporal as maximum.
By way of civil indemnity, accused Eduardo M. Nueva is directed to PAY private complainant Montemar Customs Brokerage Corporation the amount of One Hundred Fifty Thousand Pesos (P150,000.00) representing the worth of the 40-footer COMBO chassis with Plate No. NZC-145. DETACa
Accused Eduardo M. Nueva is likewise directed to PAY private complainant Montemar Customs Brokerage Corporation the amount of ONE HUNDRED THOUSAND PESOS (P100,000.00) as temperate damages.
Accordingly, the indemnity of One Hundred Fifty Thousand Pesos (P150,000.00) shall earn interest of 12% per annum from the filing of the information on February 12, 2007 to June 30, 2013, and interest of 6% per annum from July 1, 2013 until its full satisfaction. The award of One Hundred Thousand Pesos (P100,000.00) in temperate damages shall earn interest of 6% from the finality of this court's Resolution until its full satisfaction.
With costs against the accused.
SO ORDERED.
SO ORDERED."
(Brion, J., on leave; Perlas-Bernabe, J., designated acting member per S.O. No. 2312 dated January 19, 2016.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 9-27.
2. Id. at 63-78. The Decision was penned by Associate Justice Leoncia Real-Dimagiba and concurred in by Associate Justices Ramon R. Garcia (Chair) and Maria Elisa Sempio Diy of the Seventeenth Division.
3. Id. at 80-81. The Resolution was penned by Associate Justice Leoncia Real-Dimagiba and concurred in by Associate Justices Ramon R. Garcia (Chair) and Maria Elisa Sempio Diy of the Former Seventeenth Division.
4. G.R. No. 189871, August 13, 2013, 703 SCRA 439, 457-458 [Per J. Peralta, En Banc].
5. G.R. No. 163662, February 25, 2015 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/february2015/163662.pdf> 10 [Per J. Bersamin, First Division].
6. Rollo, pp. 29-39. The Judgment was penned by Presiding Judge Ma. Theresa Dolores C. Gomez-Estoesta.