ADVERTISEMENT
SPECIAL SECOND DIVISION
[G.R. No. 221424. October 1, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROBELYN CABANADA y ROSAURO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 01 October 2018which reads as follows:
"G.R. No. 221424 (People of the Philippines v. Robelyn Cabanada y Rosauro). — After a judicious study of the case, this Court resolves to deny the motion for reconsideration filed by accused-appellant Robelyn Cabanada y Rosauro (Cabanada) and affirms with modification the conviction of Cabanada for the crime of qualified theft.
While this Court finds no reversible error in the ruling that Cabanada was guilty beyond reasonable doubt, this Court finds it necessary to modify the penalty initially imposed upon her in light of the recently enacted Republic Act (RA) No. 10951, 1 which adjusted the amounts of property and damage on which penalties are based.
In its July 19, 2017 Decision, the Court, considering the value of the property subject of the qualified theft is P20,000.00, imposed the penalty of Ten (10) years and one (1) day of prision mayor, as minimum, to Sixteen (16) years, five (5) months and eleven (11) days of reclusion temporal, as maximum, pursuant to Articles 309 and 310 of the Revised Penal Code (RPC). However, Section 81 of RA No. 10951, which amended Article 309 of the RPC, provides:
SECTION 81. Article 309 of the same Act is hereby amended to read as follows: cDHAES
ART. 309. Penalties. — Any person guilty of theft shall be punished by:
xxx xxx xxx
4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of the property stolen is over Five thousand pesos (P5,000) but does not exceed Twenty thousand pesos (P20,000).
The penalty for qualified theft is two degrees higher than that for simple theft. Thus, the prescribed penalty for this case is prision mayor in its medium period to reclusion temporal in its minimum period, or within the range of eight (8) years and one (1) day to fourteen (14) years and eight (8) months.
Applying the Indeterminate Sentence Law, the maximum period of the indeterminate sentence shall be taken from the maximum period of the prescribed penalty, after considering the modifying circumstances in the commission of the crime. There being no aggravating or mitigating circumstances present in this case, the maximum term should be within the medium period of the prescribed penalty. On the other hand, the minimum period of the indeterminate sentence shall be within the range of the penalty next lower in degree to that provided by law. 2 Thus, the minimum of the indeterminate sentence shall be taken from prision correccional in its medium period to prision mayor in its minimum period, or within the range of two (2) years and four (4) months and one (1) day to eight (8) years.
In fine, Cabanada should be sentenced to suffer two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prision mayor, as maximum.
WHEREFORE, premises considered, the Motion for Reconsideration is DENIED. The Decision dated July 19, 2017 of this Court is hereby MODIFIED in that accused-appellant Robelyn Cabanada y Rosauro is sentenced to suffer the penalty of two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prision mayor, as maximum. ASEcHI
SO ORDERED." Leonen, J., on wellness leave; Gesmundo, J., on official business.
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.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.
2.Leaban v. People, G.R. No. 228164 (Notice), November 20, 2017.