THIRD DIVISION
[G.R. No. 212964. September 8, 2014.]
ROLANDO SUMULONG, plaintiff-appellee, vs. PEOPLE OF THE PHILIPPINES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated September 8, 2014, which reads as follows:
"G.R. No. 212964 (Rolando Sumulong vs. People of the Philippines). — We see no reason to reverse or modify the findings of the RTC, especially because the Court of Appeals (CA) has affirmed the same. It is settled that the trial court's finding of facts is even conclusive and binding, if not tainted with arbitrariness or oversight of some fact or circumstance of weight and influence.
However, the minimum penalty imposed should be modified.
Article 294 (5) of the Revised Penal Code fixes the penalty for simple robbery at prision correccional in its maximum period to prision mayor in its medium period, the range of which is from four (4) years, two (2) months and one (1) day to ten (10) years. Considering the aggravating circumstance of abuse of public position, the penalty should be imposed in its maximum period. Applying the Indeterminate Sentence Law, the minimum term of the indeterminate sentence shall be taken from any period of the penalty next lower in degree, which ranges from four (4) months and one (1) day of arresto mayor maximum to four (4) years and two (2) months of prision correccional medium.
The minimum penalty imposed by the CA of six (6) years of prision correccional is not within the minimum period imposable under the Indeterminate Sentence Law. Hence, the minimum penalty imposed by the CA should be modified and decreased to four (4) years and two (2) months of prision correccional. ADCEcI
Petitioner is thus sentenced to suffer the term ranging from four (4) years and two (2) months of prision correccional as minimum to ten (10) years of prision mayor as maximum.
IN VIEW OF THE FOREGOING, the petition is DENIED. The Decision dated November 14, 2013 of the Court of Appeals in CA-G.R. CR No. 34212 is AFFIRMED with MODIFICATION. As modified, the Decision shall read, as follows:
WHEREFORE, the appeal is DISMISSED. The Decision dated May 9, 2011 of the Regional Trial Court, Branch 23, Manila, in Criminal Case No. 98-163172, is AFFIRMED with Modification, as follows:
Accused-appellant PO Rolando Sumulong is sentenced to a term of imprisonment ranging from four (4) years and two (2) months of prision correccional as minimum to ten (10) years of prision mayor as maximum; and to restitute and return to Ma. Theresa Frando the cash money in the amount of One Hundred Fifty Thousand Pesos (P150,000.00). aIcDCA
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court