FIRST DIVISION
[G.R. No. 234838. April 11, 2018.]
FELIPE PICAYO y RIVERA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 11, 2018which reads as follows: HTcADC
"G.R. No. 234838 — Felipe Picayo y Rivera vs. People of the Philippines
After a perusal of the records of the case, this Court resolves to DENY the petition for failure of petitioner Felipe Picayo y Rivera to sufficiently show any reversible error in the assailed Decision 1 dated October 12, 2017 of the Court of Appeals (CA) in CA-G.R. CR No. 39159 which would warrant the exercise of this Court's appellate jurisdiction.
In view of current jurisprudence, however, this Court modifies the penalty imposed by the CA such that: (1) the maximum of the indeterminate sentence for each of the criminal cases is increased to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal2 which is within the range of the medium period of reclusion temporal in its medium period to reclusion perpetua as the penalty prescribed under the law; and (2) the imposition of fine in the amount of P15,000.00 is hereby deleted as it had no legal basis. 3
WHEREFORE, the petition is DENIED. The Decision dated October 12, 2017 in CA-G.R. CR No. 39159 is AFFIRMED with the following MODIFICATIONS:
(1) In Criminal Case No. 11008, petitioner Felipe Picayo Rivera is found guilty beyond reasonable doubt of the crime of Acts of Lasciviousness in relation to R.A. 7610 and, accordingly, sentenced to suffer the indeterminate penalty of imprisonment ranging from thirteen (13) years, nine (9) months, and eleven (11) days of reclusion temporal, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum;
(2) In Criminal Case Nos. 14102, 14103, and 14104, petitioner Felipe Picayo Rivera is found guilty beyond reasonable doubt of the crime of violation of Section 5(b), Article III of R.A. 7610 and, accordingly, sentenced to suffer the indeterminate penalty of imprisonment ranging from thirteen (13) years, nine (9) months, and eleven (11) days of reclusion temporal, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum; and aScITE
(3) The fine of P15,000.00 is DELETED.
SO ORDERED." Sereno, C.J., on leave; Del Castillo, J., on leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Penned by Associate Justice Franchito N. Diamante, concurred in by Associate Justices Magdangal M. De Leon and Zenaida T. Galapate-Laguilles; rollo, pp. 85-96.
2.The People of the Philippines v. Dominador Ladra, G.R. No. 221443, July 17, 2017.
3.Virgilio Lobandria Awas v. People of the Philippines, G.R. No. 203114, June 28, 2017.