FIRST DIVISION
[G.R. No. 242993. September 2, 2019.]
ANDY QUIAZON y SURVIDA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 2, 2019which reads as follows:
"G.R. No. 242993(Andy Quiazon y Survida v. People of the Philippines)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 25, 2018 Decision 1 and October 24, 2018 Resolution, 2 as to warrant the exercise of the Court's discretionary appellate jurisdiction.
The Court, however, modifies the penalty imposed based on the ruling in Dizon v. CA, et al.3 Illegal Possession of Explosives under Presidential Decree (P.D.) No. 1866, 4 as amended by Republic Act (R.A.) No. 8294, is punishable by prision mayor in its maximum period to reclusion temporal and a fine of not less than P50,000.00. 5 Applying the Indeterminate Sentence Law, 6 the minimum penalty is one degree lower or prision correccional in its medium period to prision mayor in its medium period. Thus, the penalty imposed on petitioner is four (4) years, ten (10) months and twenty-one (21) days of prision correccional, as minimum, to thirteen (13) years, four (4) months, and one (1) day of reclusion temporal, as maximum. 7 The fine of P50,000.00 is affirmed.
WHEREFORE, the June 25, 2018 Decision and October 24, 2018 Resolution of the Court of Appeals in CA-G.R. CR No. 39927 are AFFIRMED with MODIFICATION. Andy Quiazon y Survida is hereby found GUILTY beyond reasonable doubt of the offense of Illegal Possession of Explosives under Section 3 of P.D. No. 1866, as amended by R.A. No. 8294, and is sentenced to suffer an indeterminate penalty of four (4) years, ten (10) months and twenty-one (21) days of prision correccional, as minimum, to thirteen (13) years, four (4) months, and one (1) day of reclusion temporal, as maximum and to pay a fine of P50,000.00.
SO ORDERED." Hernando, J., designated Additional Member viceCarandang, J., per Raffle dated July 1, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 30-39; penned by Associate Justice Rosmari D. Carandang (now a Member of this Court) with Associate Justices Elihu A. Ybañez and Pedro B. Corales, concurring.
2.Id. at 41-42.
3. 370 Phil. 1 (1999).
4. Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for Relevant Purposes.
5.SEC. 3. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Explosives. — The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000[.00]) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s) rifle grenade(s), and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.
6.Act No. 4103. An Act to Provide for an Indeterminate Sentence and Parole for All Persons Convicted of Certain Crimes by the Courts of the Philippine Islands; to Create a Board of Indeterminate Sentence and to Provide Funds Therefor; and for Other Purposes.
7. See Dizon v. CA, et al., supra note 3 at 17-18; where the Court found the accused guilty of illegal possession of explosives under P.D. No. 1866, as amended by R.A. No. 8249, of the same penalty of 4 years, 10 months, and 21 days of prision correccional as minimum, to 13 years, 4 months, and 1 day of reclusion temporal, as maximum, and a fine of P50,000.00.