SECOND DIVISION
[G.R. No. 258412. April 6, 2022.]
RAYGIN RONIDEL y BAUTISTA, petitioner,vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 April 2022which reads as follows:
"G.R. No. 258412(Raygin Ronidel y Bautista v. People of the Philippines). — The Court resolves to DENY the petition for review on certiorari for failure to sufficiently show any reversible error in the assailed judgment as to warrant the exercise of this Court's discretionary appellate jurisdiction in this case.
However, the dispositive portion of the October 29, 2020 Decision 1 of the Court of Appeals should be modified as to the penalty imposed pursuant to Section 28 (e) of Republic Act No. 10591 2 which provides for the penalty for possession of a small arm loaded with ammunition, to wit:
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. — The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm;
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(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
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The penalty one degree higher than prision mayor in its medium period is prision mayor in its maximum period, ranging from ten (10) years and one (1) day to twelve (12) years.
Applying the Indeterminate Sentence Law, 3 there being no mitigating or aggravating circumstances, the maximum penalty should be within the range of ten (10) years, eight (8) months and one (1) day to eleven (11) years and four (4) months of prision mayor maximum, and the minimum penalty should be within the range of prision mayor medium which is eight (8) years and one (1) day to ten (10) years. Hence, petitioner should be sentenced to 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. CAIHTE
As modified, the dispositive portion of the Decision of the Court of Appeals should read as follows:
WHEREFORE, premises considered, the instant appeal is DENIED. The Judgment dated June 22, 2018 of the Regional Trial Court of Malolos City, Bulacan, Branch 20, in Criminal Case No. 4717-M-2016 is AFFIRMED with MODIFICATION in that accused-appellant Raygin Ronidel y Bautista is sentenced to suffer an indeterminate 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.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 53-61. Penned by Associate Justice Germano Francisco D. Legaspi and concurred in by Associate Justice Franchito N. Diamante and Florencio M. Mamauag, Jr.
2. Entitled "AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF." Approved: May 29, 2013.
3. Entitled "AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THIS PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS TIIEREFOR; AND FOR OTHER PURPOSES." Approved: December 5, 1933.