THIRD DIVISION
[G.R. No. 211725. June 4, 2014.]
DAHLINE PAMINTUAN y THURS, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 4, 2014, which reads as follows:
"G.R. No. 211725 (Dahline Pamintuan y Thurs vs. People of the Philippines). — This court resolves to GRANT petitioner's motion for extension of thirty (30) days from the expiration of the reglementary period within which to file a petition for review on certiorari.
After considering the allegations, issues, and arguments adduced in the petition for review on certiorari assailing the decision dated November 8, 2013 and resolution dated February 28, 2014 of the Court of Appeals, Manila, in CA-G.R. CR No. 34369, this court further resolves to DENY the petition for failure to show any reversible error in the assailed decision. We AFFIRM petitioner's conviction for five (5) counts of estafa under Article 315, paragraph 2 (d) of the Revised Penal Code.
However, in view of this court's ruling in Nacar v. Gallery Frames1 as to the proper rate of legal interest, the dispositive portion of the assailed decision is MODIFIED as follows:
WHEREFORE, premises considered, the February 9, 2011 Decision of the Regional Trial Court of La Trinidad, Benguet, Branch 62, in Criminal Case Nos. 06-CR-6517, 06-CR-6518, 06-CR-6519, 06-CR-6520 and 06-CR-6521, finding accused-appellant Dateline Pamintuan y Thurs guilty beyond reasonable doubt of five counts of estafa under Article 315, paragraph 2(d) of the Revised Penal Code, is AFFIRMED with MODIFICATION. In Criminal Case No. 06-CR-6518, she is sentenced to suffer an indeterminate penalty of 7 years and 2 months of prision mayor as minimum to 8 years, 6 months and 2 days of prision mayor as maximum. Accused-appellant is ordered to pay the total amount of P57,820.00 corresponding to the value of the checks, to bear 6% interest per annum from July 27, 2006 up to the time it is fully paid. ITCcAD
SO ORDERED." (Villarama, Jr. J., designated Acting Member in view of the vacancy in the Third Division per Special Order No. 1691 dated May 22, 2014.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. G.R. No. 189871, August 13, 2013, 703 SCRA 439 [Per J. Peralta, En Banc]. See Bangko Sentral ng Pilipinas Monetary Board Circular No. 799, Series of 2013.