FIRST DIVISION
[G.R. No. 219099. June 3, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-Appellee, vs.RIZALINA LIM y SADANG, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:
"G.R. No. 219099 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RIZALINA LIM y SADANG, Accused-Appellant.) — After a judicious review of the records, the Court resolves to DENY the appeal from the decision 1 dated September 23, 2014 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05644 whereby the CA affirmed the decision 2 dated June 1, 2012 of the Regional Trial Court (RTC), Branch 219, Quezon City finding the accused guilty of the crime of syndicated illegal recruitment constituting economic sabotage 3 and for Estafa under Article 315, par. 2 (a) of the Revised Penal Code.
We fail to see any cogent reason to depart from the findings of fact by the RTC that the CA affirmed. 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. 4
Nevertheless, in view of the passage of R.A. 10951, 5 the Court deems necessary to modify the penalty imposed against the accused for the crime of Estafa. Section 85 of R.A. No. 10951 thereof provides:
Art. 315. Swindling (Estafa) — Any person who shall defraud another by any of the means mentioned herein below shall be punished by:
xxx xxx xxx
4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty Thousand pesos (P40,000): x x x
Arresto mayor in its medium to maximum period corresponds to imprisonment for a period of two (2) months and one (1) day to six (6) months. Since the penalty imposable is less than one year, the Indeterminate Sentence Law does not apply in this case. Considering the age of the accused, the Court imposes the penalty of imprisonment of two (2) months and one (1) day of arresto mayor medium.
Finally, in conformity with prevailing jurisprudence, interest at the rate of 6% per annum from finality of this resolution until satisfaction of the civil liabilities of the accused.
WHEREFORE, the Court DENIES the appeal; AFFIRMS the decision dated September 23, 2014 of the Court of Appeals in CA-G.R. CR-HC No. 05644; MODIFIES the penalty imposed in Criminal Case No. Q-05-134840, which shall be reduced from four (4) years and two (2) months of prision correccional as minimum to eight (8) years of prision mayor as maximum imprisonment to imprisonment of two (2) months and one (1) day of arresto mayor medium; and ORDERS the accused-appellant to pay Evansueda Atienza the amount of THIRTY THOUSAND PESOS (P30,000.00) and to Mirriam Maureen Dy the amount of TEN THOUSAND PESOS (P10,000.00), subject to interest at the rate of six percent (6%) per annum from finality of this resolution until full satisfaction of the said obligations.
SO ORDERED."Carandang, J.,on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-21; penned by Associate Justice Magdangal M. de Leon, concurred in by Associate Justice Stephen C. Cruz and Associate Justice Eduardo B. Peralta, Jr.
2. CA rollo, pp. 63-87; penned by Judge Bayani V. Vargas.
3. Violation of Section 38 (a) of Presidential Decree (P.D.) No. 442 or the Labor Code of the Philippines.
4.Carballo v. People, G.R. No. 240499, January 14, 2019 (Resolution).
5.An Act Adjusting the Amount or the Value of the Property and Damage on Which a Penaltyis Based and the Fines Imposed Under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known as "The Revised Penal Code" as Amended.