FIRST DIVISION
[G.R. No. 242259. February 27, 2019.]
JUSTO J. PARAS, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 27, 2019 which reads as follows:
"G.R. No. 242259 — (Justo J. Paras v. People of the Philippines)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision 1 dated April 21, 2017 and Resolution 2 dated August 13, 2018, as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, all the elements of falsification of a commercial document under Article 172 (1) in relation to Article 171 of the Revised Penal Code were proven by the prosecution's evidence, warranting the affirmance of judgment of the courts a quo convicting petitioner. However, the Court modifies the penalty imposed by the CA. After finding that no aggravating or mitigating circumstance attended the crime and applying the Indeterminate Sentence Law, petitioner is sentenced to suffer the penalty of imprisonment of 5 months, 11 days of arresto mayor, as minimum, to 3 years, 6 months and 21 days of prision correccional, as maximum.
WHEREFORE, the April 21, 2017 Decision and the August 13, 2018 Resolution of the Court of Appeals in CA-G.R. CR No. 02741 are AFFIRMED with MODIFICATION. Petitioner Justo J. Paras is sentenced to suffer the penalty of five (5) months, eleven (11) days of arresto mayor, as minimum, to three (3) years, six (6) months and twenty-one (21) days of prision correccional, as maximum.
The petitioner is hereby required to PAY P30.00 for Sheriff's Trust Fund, the amount remitted being only P4,500.00 per A.M. 17-12-09-SC.
SO ORDERED." Bersamin, C.J., and Carandang, J., both on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 16-26; penned by Associate Justice Edward B. Contreras, with Associate Justices Pablito A. Perez and Geraldine C. Fiel-Macaraig, concurring.
2.Id. at 27-28; penned by Associate Justice Edward B. Contreras, with Associate Justices Marilyn B. Lagura-Yap and Louis P. Acosta, concurring.