Pintucan, Jr. y Marquez v. People

THIRD DIVISION

[G.R. No. 252398. September 16, 2020.]

ISIDRO PINTUCAN, JR. y MARQUEZ, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution datedSeptember 16, 2020, which reads as follows:

"G.R. No. 252398 (ISIDRO PINTUCAN, JR. y MARQUEZ, petitioner v. PEOPLE OF THE PHILIPPINES, respondent). — This is a petition for review on certiorari1 under Rule 45 of the Rules of Court, which seeks to reverse and set aside the Decision 2 dated August 16, 2019, as well as the Resolution 3 dated February 19, 2020, of the Court of Appeals (CA) in CA-G.R. CR No. 40367. The assailed Decision affirmed with modification the Decision 4 dated August 15, 2017 of the Regional Trial Court (RTC) of Makati City, Branch 148 in Criminal Case No. R-MKT-16-01125-CR, finding petitioner Isidro Pintucan, Jr. y Marquez guilty beyond reasonable doubt of the crime of illegal possession of firearms and ammunition penalized under Republic Act (R.A.) No. 10591, 5 otherwise known as the "Comprehensive Firearms and Ammunition Regulation Act." Meanwhile, the assailed Resolution denied petitioner's motion for reconsideration thereto.

After a judicious review of the allegations, issues, and arguments presented by the parties, the Court resolves to DENY the petition for failure to sufficiently show and prove that the CA committed any reversible error in the assailed Decision and Resolution which would warrant the exercise of this Court's appellate jurisdiction. However, the imposable penalty should be modified.

The Regional Trial Court imposed the penalty of eight (8) years of prison mayor, as minimum, to ten (10) years of prision mayor, as maximum. The CA modified it by imposing the penalty of eight (8) years and one (1) day of prision mayor, as minimum, to ten (10) years and one (1) day of prision mayor, as maximum.

The penalty prescribed for the crime of illegal possession of a small firearm under Section 28 (a) of R.A. 10591 is prision mayor in its medium period, which ranges from eight (8) years and one (1) day to ten (10) years. If the said firearm is loaded with ammunition, as in this case, Section 28 (e) (1) of the same law imposes the penalty one degree higher, that is prision mayor in its maximum period, which ranges from ten (10) years and one (1) day to twelve (12) years.

Applying the Indeterminate Sentence Law, and there being no aggravating or mitigating circumstances, the maximum term of the penalty to be imposed should be taken from the medium period of prision mayor maximum, which has a duration of ten (10) years, eight (8) months and one (1) day to eleven (11) years and four (4) months. On the other hand, the minimum term should be taken from the penalty next lower in degree to prision mayor maximum, that is prision mayor medium, the duration of which is eight (8) years and one (1) day to ten (10) years.

Thus, the CA correctly imposed eight years and one day of prision mayor as the minimum term. But the maximum term should instead be ten (10) years, eight (8) months and one (1) day of prision mayor.

WHEREFORE, the findings of fact and conclusions of law of the Court of Appeals are ADOPTED. The assailed Decision dated August 16, 2019 and Resolution dated February 19, 2020 of the Court of Appeals in CA-G.R. CR No. 40367 are AFFIRMED with MODIFICATION. Petitioner Isidro Pintucan, Jr. y Marquez is found GUILTY beyond reasonable doubt of the crime of illegal possession of firearms and ammunition penalized under Republic Act No. 10591, otherwise known as the "Comprehensive Firearms and Ammunition Regulation Act." He is sentenced to suffer the penalty of eight (8) years and one (1) day of prision mayor, as minimum, to ten (10) years, eight (8) months and one (1) day of prision mayor, as maximum.

SO ORDERED."

By authority of the Court:

(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court

 

Footnotes

1.Rollo, pp. 3-28.

2.Id. at 33-50; penned by Associate Justice Geraldine C. Fiel-Macaraig, with the concurrence of Associate Justices Japar B. Dimaampao and Rafael Antonio M. Santos.

3.Id. at 30-31.

4.Id. at 75-87; penned by Presiding Judge Andres Bartolome Soriano.

5. "An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof," approved on May 29, 2013.