SECOND DIVISION
[G.R. No. 248816. November 11, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MA. CHARIZENIE CANARIA y ABAD A.K.A. "CONNIE CANARIA," "CHARIZENIE CANAFIA," "CONNIE MENDOZA," "CHARISE," "MA. CONSOLACION CANARIA'', accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 November 2020which reads as follows:
"G.R. No. 248816 (People of the Philippines v. Ma. Charizenie Canaria y Abad a.k.a. "Connie Canaria," "Charizenie Canafia," "Connie Mendoza," "Charise," "Ma. Consolacion Canaria'').— The Court NOTES the letter dated September 21, 2020 of CTSupt. Virginia S. Mangawit, Acting Superintendent, Correctional Institution for Women, Mandaluyong City, confirming the confinement of Ma. Charizenie Canaria y Abad @ "Connie Canaria," @ "Charizenie Canafia," @ "Connie Mendoza," @ "Charise," @ "Ma. Consolacion Canaria" (accused-appellant) in said institution on May 5, 2018.
After a review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its March 28, 20119 Decision, 1 finding accused-appellant guilty of illegal recruitment in large scale, as to warrant the exercise of the Court's appellate jurisdiction. HTcADC
As correctly held by the CA, all the elements for the crime of illegal recruitment in large scale as defined and penalized under Section 6, in relation to Section 7 (b) of Republic Act (R.A.) No. 8042, or The Migrant Workers and Overseas Filipinos Act of 1995, as amended by R.A. No. 10022, were proven by the prosecution's evidence warranting the affirmance of the judgment of the courts a quo convicting accused-appellant.
The Court, however, deems it proper to modify the amount of the fine imposed by the Regional Trial Court, Ligao City, Branch 13 (RTC) and affirmed by the CA, in accordance with Sec. 7 (b) of R.A. No. 8042, which states:
SECTION 7. Penalties. —
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(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.
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Since the law provides that the fine to be imposed should be from P500,000.00 to P1,000,000.00, it is but proper to reduce the amount of the fine imposed by the RTC. Additionally, the same article further provides that the maximum penalty shall be imposed if committed by a non-licensee or non-holder of authority. Accordingly, the fine should be reduced to P1,000,000.00.
WHEREFORE, the appeal is DISMISSED. The March 28, 2019 Decision of the Court of Appeals in CA-G.R. CR-HC No. 10779 is AFFIRMED with MODIFICATION in that the fine imposed is reduced to P1,000,000.00.
Costs against accused-appellant. CAIHTE
SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2797 dated November 5, 2020)"
By Authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 3-14; CA rollo, pp. 110-121; penned by Associate Justice Stephen C. Cruz with Associate Justices Pedro B. Corales and Ruben Reynaldo G. Roxas, concurring.