FIRST DIVISION
[G.R. No. 260642. February 8, 2023.]
ALJIN SERDONCILLO y YADAO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 8, 2023 which reads as follows: CAIHTE
"G.R. No. 260642 (Aljin Serdoncillo y Yadao v. People of the Philippines). — The petitioner's Motion for Extension of 30 days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
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 pursuant to Section 6, Rule 45 of the Rules of Court, and for lack of merit in the appeal pursuant to Section 5, Rule 45 in relation to Section 5 (b), Rule 56 of the Rules of Court. 1
The penalty imposed by the Court of Appeals should, however, be modified. The penalty for robbery under Article 294 (5) of the Revised Penal Code (RPC) is prision correccional in its maximum period to prision mayor in its medium period. Absent any aggravating and mitigating circumstance, the penalty shall be applied in its medium period.
In this case, the penalty prescribed by law, i.e., prision correccional in its maximum period to prision mayor in its medium period has three periods namely: (a) minimum — four (4) years, two (2) months and one (1) day to six (6) years, one (1) month and ten (10) days; (b) medium — six (6) years, one (1) month and eleven (11) days to eight (8) years and twenty (20) days; and (c) maximum — eight (8) years and twenty-one (21) days to ten (10) years. 2
Applying the Indeterminate Sentence Law, the maximum of the imposable penalty shall be eight (8) years and twenty (20) days taken from the medium period of the imposable penalty. The minimum of the penalty shall be within the full range of arresto mayor maximum to prision correccional medium, which is one degree lower than that prescribed by law. Hence, the minimum of the penalty to be imposed shall be four (4) years and two (2) months. 3
In sum, petitioner should be sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and twenty (20) days of prision mayor, as maximum. 4
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Decision dated February 26, 2021 and the Resolution dated April 27, 2022 of the Court of Appeals in CA-G.R. CR No. 44186 are AFFIRMED with MODIFICATION. Petitioner Aljin Serdoncillo y Yadao is GUILTY beyond reasonable doubt of the crime of robbery under Article 294 (5) of the Revised Penal Code. Accordingly, he is sentenced to suffer the indeterminate penalty of imprisonment of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and twenty (20) days of prision mayor, as maximum.
SO ORDERED." Rosario, J., on official leave.
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. Miranda v. People, 680 Phil. 126, 134-136 (2012).
2. See People v. Natindim, G.R. No. 201867, November 4, 2020.
3. Id.
4. Id.