FIRST DIVISION
[G.R. No. 242541. January 28, 2019.]
THELMA PASTOR-CUEVAS, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 28, 2019 which reads as follows:
"G.R. No. 242541 (THELMA PASTOR-CUEVAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.) — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM with MODIFICATION the July 12, 2018 decision and September 26, 2018 resolution of the Court of Appeals (CA) in CA-G.R. CR No. 41343 for failure of petitioner to sufficiently show that the CA committed any reversible error in finding her guilty beyond reasonable doubt of Falsification of Public Documents defined and penalized under Article 172 in relation to Article 171 of the Revised Penal Code.
The Court adopts the findings and conclusions of the CA as it is in accord with jurisprudence and the evidence on record. Furthermore, the factual findings of the trial court as affirmed by the CA are entitled to respect and are not disturbed on appeal unless some facts or circumstances of weight and substance were overlooked or misappreciated, and could materially affect the disposition of the case otherwise.
We note however, that modification of the penalty imposed by the CA is called for. Under Article 172 of the Revised Penal Code as amended by Republic Act No. 10951, 1 the penalty prescribed for the crime of falsification of public documents shall be prisioncorreccional in its medium and maximum periods, or 2 years, 4 months and 1 day to 6 years, and a fine of not more than P1,000,000.00. Applying the Indeterminate Sentence Law therefore, the proper imposable penalty should be 1 year and 1 day of arresto mayor, as minimum, to three (3) years, six (6) months and 21 days of prision correccional, as maximum.
WHEREFORE, the Court DENIES the appeal; AFFIRMS WITH MODIFICATION the July 12, 2018 decision and September 26, 2018 resolution of the Court of Appeals in CA-G.R. CR No. 41343; and IMPOSES an indeterminate sentence from 1 year and 1 day of arresto mayor, as minimum, to 3 years, 6 months and 21 days of prision correccional, as maximum.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Entitled "An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based, and the Fines Imposed under the Revised Penal Code."