FIRST DIVISION
[G.R. No. 259108. November 29, 2022.]
RACHEL TUMANGUIL y GALANG, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 29, 2022, which reads as follows:
"G.R. No. 259108 (Rachel Tumanguil y Galang v. People of the Philippines). — The Court resolves to DENY the Petition for Review on Certiorari1 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.
Both the Regional Trial Court of Pasig City, Branch 71 and the Court of Appeals correctly found petitioner Rachel Tumanguil y Galang guilty of Simple Theft after it was established by the prosecution beyond reasonable doubt that she unlawfully withdrew P700,000.00 from Alma Callueng's savings account by making it appear that it was deposited in a time deposit account in the latter's name, but she actually pocketed the said amount to the damage and prejudice of Metrobank-Santolan Branch.
However, there is a need to modify the assailed decision. Pursuant to Nacar v. Gallery Frames, 2 the amount of actual damages in the amount of P700,000.00 shall earn legal interest at the rate of six percent (6%) per annum from the finality of this Resolution until full payment.
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Decision dated February 5, 2021 and the Resolution dated February 16, 2022 of the Court of Appeals in CA-G.R. CR No. 44044 are hereby AFFIRMED with MODIFICATION in that actual damages in the amount of P700,000.00 shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED." Marquez, J., on official business.
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 13-31.
2. 716 Phil. 267, 282-283 (2013).