FIRST DIVISION
[G.R. No. 235688. April 2, 2018.]
CRIS SAPIDA y FRANI, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 2, 2018which reads as follows: AHCETa
"G.R. No. 235688 (Cris Sapida y Frani v. People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
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 upholding the conviction of accused-appellant Cris Sapida y Frani (Sapida) for Estafa under Article 315 paragraph 1 (b) of the Revised Penal Code (RPC).
Factual findings of lower courts are accorded respect. In this case, both the lower courts uniformly found that Sapida misappropriated the amount of $25,000.00 to the prejudice of Michael Amato (Amato) who intended to use the monies for his visa application. The inventory Sapida offered in evidence was not supported by documentary evidence. In all, Sapida could not liquidate where he spent the $25,000.00 remitted by Amato; he failed to refute, much less negate, that he used the money for other purposes which redounded to Amato's benefit.
WHEREFORE, the petition is DENIED. The Decision of the CA in CA-G.R. CR No. 37901 dated February 9, 2017 finding accused-appellant Cris Sapida y Frani guilty of Estafa under Article 315 paragraph 1 (b) of the RPC is AFFIRMED with the MODIFICATION that he is sentenced to suffer the indeterminate penalty of imprisonment of four (4) months and one (1) day of arresto mayor as minimum to two (2) years, four (4) months and one (1) day of prision correccional as maximum. 1
The award of actual damages with legal interest of 6% per annum starting from May 2004, not being a loan or forbearance of money, is AFFIRMED but reckoned from the filing of the criminal complaint until full payment. 2 The award shall itself earn legal interest of 6% per annum until its full satisfaction.
SO ORDERED." (Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018.Tijam, J., took no part; Carpio, J., additional member per Raffle dated March 26, 2018. ScHADI
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. In accordance with R.A. No. 10951, 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; See Section 85 thereof amending Article 315 of the RPC.
2. See Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439.