THIRD DIVISION
[G.R. No. 207660. July 4, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROSARIO SARINAS y CANCIO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 4, 2018, which reads as follows:
"G.R. No. 207660 (People of the Philippines, plaintiff-appelleev. Rosario Sarinas y Cancio, accused-appellant). — In its April 26, 2017 Resolution, 1 this Court affirmed the conviction of accused-appellant Rosario Sarinas y Cancio of qualified theft, sentencing her to suffer the penalty of reclusion perpetua. Accused-appellant was likewise ordered to pay private complainant Metropolitan Bank and Trust Company the sum of US$10,043.52 as actual damages, which shall earn interest at the rate of six percent (6%) per annum from finality of the resolution until full payment. Accused-appellant's Motion for Reconsideration 2 was denied with finality 3 and an Entry of Judgment 4 was made on July 31, 2017.
In the meantime, on August 29, 2017, Republic Act No. 10951 5 was passed into law, adjusting the values of property and damage to which penalties as provided in the Revised Penal Code are based. Under the new law, the penalty for theft of an amount more than P20,000.00 but does not exceed P600,000.00 is now punishable by prisión correccional in its minimum and medium periods. 6
On March 5, 2018, Ulep and Ulep Law Office, on behalf of accused-appellant, filed an Entry of Appearance with Motion to Fix Penalty in Accordance with Republic Act No. 10951. 7 Counsel argued that accused-appellant had already served her sentence as adjusted by Republic Act No. 10951, and therefore, should accordingly be released from detention. Cited as basis was Section 85 of Republic Act No. 10951, which partly provides:
Section 85. Article 315 of the same Act, as amended by Republic Act No. 4885, Presidential Decree No. 1689, and Presidential Decree No. 818, is hereby further amended to read as follows:
"ART. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
xxx xxx xxx
3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000).["]
While the provision cited is wrong, as it pertains to a felony of which accused-appellant was not convicted, this Court nevertheless notes the Entry of Appearance filed by Ulep and Ulep Law Office and grants the motion to fix the penalty in accordance with Republic Act No. 10951.
The general rule is that a final and executory judgment is immutable. However, an exception is that a final and executory judgment may be modified only if this modification shall be favorable to the accused. 8 Here, the adjustment of penalties pursuant to Republic Act No. 10951 is favourable to accused-appellant since the law significantly lowered the sentence that she would serve. Consequently, the Entry of Judgment dated July 31, 2017 is hereby modified as follows.
The penalties for theft are provided in Article 309 of the Revised Penal Code, which, as amended by Republic Act No. 10951, now states:
Article 309. Penalties. — Any person guilty of theft shall be punished by:
1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing stolen is more than One million two hundred thousand pesos (P1,200,000) but does not exceed Two million two hundred thousand pesos (P2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (P1,000,000), but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.
2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing stolen is more than Six hundred thousand pesos (P600,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos (P600,000).
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).
5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500) but does not exceed Five thousand pesos (P5,000).
6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos (P500).
7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed Five hundred pesos (P500). If such value exceeds said amount, the provisions of any of the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (P5,000), when the value of the thing stolen is not over Five hundred pesos (P500), and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.
Accused-appellant was convicted of qualified theft, which is punished by the penalties next higher by two (2) degrees than those specified in Article 309:
Article 310. Qualified theft. — The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.
Accused-appellant was found to have stolen US$10,043.52 or, based on the current exchange rate, 9 amounts to P536,323.97. The theft of an amount more than P20,000.00 but not exceeding P600,000.00 is now punished by prisión correccional in its minimum and medium periods. Adding two (2) degrees for qualified theft, the imposable penalty is prisión mayor in its medium and maximum periods. With no modifying circumstance present, accused-appellant should serve an indeterminate penalty of prisión correccional maximum to prisión mayor minimum, or four (4) years, two (2) months, and one (1) day to eight (8) years, as minimum, to prisión mayor medium and maximum in its medium period, or nine (9) years, four (4) months, and one (1) day to ten (10) years and eight (8) months, as maximum.
As of October 17, 2016 and if good conduct time allowance is included, accused-appellant has already served ten (10) years, ten (10) months, and fifteen (15) days in prison. 10 This means that as of date, accused-appellant has fully served her sentence as adjusted pursuant to Republic Act No. 10951. Under the circumstances, accused-appellant must immediately be released from detention, unless she is detained for some other cause.
WHEREFORE, the Entry of Appearance of Ulep and Ulep Law Office is hereby NOTED and the Motion to Fix Penalty in Accordance with Republic Act No. 10951 is GRANTED. The Entry of Judgment dated July 31, 2017 is accordingly MODIFIED. Accused-appellant, Rosario Sarinas y Cancio, is hereby sentenced to suffer the penalty of prisión correccional maximum to prisión mayor minimum as minimum to prisión mayor medium and maximum in its medium period as maximum.
Further, accused-appellant Sarinas shall pay private complainant Metropolitan Bank and Trust Company the sum of US$10,043.52 as actual damages, which shall earn interest at the rate of six percent (6%) per annum from finality of the resolution until full payment.
However, considering that accused-appellant has fully served her sentence, the Bureau of Corrections is hereby ORDERED to RELEASE accused-appellant from detention, unless she is being detained for other causes.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 44-45.
2.Id. at 46-56.
3.Id. at 57, Resolution dated July 31, 2017.
4.Id. at 59, Entry of Judgment dated July 31, 2017.
5. 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, amending for the purpose Act No. 3815, otherwise known as "the Revised Penal Code," as Amended.
6. Rep. Act No. 10951, sec. 81.
7.Rollo, pp. 69-71.
8.Hernan v. Sandiganbayan, G.R. No. 217874, December 5, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/december2017/217874.pdf> [Per J. Peralta, En Banc].
9. US$1.00 = P53.40 per https://www.bloomberg.com/quote/USDPHP:CUR (as of July 2, 2018, 2:07 p.m.)
10.Rollo, p. 72, Prison Record of Rosario Sarinas y Cancio as of October 17, 2016, Annex "A" of the Entry of Appearance with Motion to Fix Penalty in accordance with Republic Act No. 10951.