Philippine Supreme Court Resolutions

G.R. No. 199289 (Hilario P. Soriano v. People of the Philippines). - After deliberating on the submitted petition for review on certiorari assailing the Decision of the Court of Appeals, Manila, dated June 15, 2011 and its Resolution dated November 14, 2011, in CA-G.R. CR No. 29467, and considering the allegations, issues and arguments adduced therein, the Court resolves to DENY  the petition for failure to show any reversible error in the challenged judgment as to warrant the exercise of its discretionary appellate jurisdiction.

The Court of Appeals, however, erred in affirming the penalty imposed by the trial court. The penalty under Article 172 of the Revised Penal Code for Falsification by Private Individuals and Use of Falsified Documents, is prision correccional in its medium [from two (2) years, four (4) months and one (1) day to four (4) years and two (2) months] and maximum [from four (4) years, two (2) months and one (1) day to six (6) years] periods.

Applying the Indeterminate Sentence Law to determine the maximum term, as there were no mitigating or aggravating circumstances appreciated, the penalty prescribed by law should be applied in its medium period, which is within the range of three (3) years, six (6) months and twenty-three (23) days to four (4) years, nine (9) months and fourteen (14) days. Thus, the maximum term imposed by the trial court of two (2) years, four (4) months and one (1) day is incorrect for falling outside the medium period.

On the other hand, the minimum term imposed by the trial court of four (4) months and one (1) day is correct since it falls within the range next lower to that prescribed by law, which is arresto mayor in its maximum period [from four (4) months and one (1) day to six (6) months] to prision correccional in its minimum period [from six (6) months and one (1) day to two (2) years and four (4) months], or from four (4) months and one (1) day to two (2) years and four (4) months.

Lastly, the trial court failed to impose the fine of not more than P5,000.00 as provided in Article 172 of the Revised Penal Code.

Thus, the decision of the Court of Appeals is affirmed except that the penalty imposed 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 Correcional as maximum" is modified to an indeterminate sentence of four (4) months and one (1) day of arresto mayor as minimum to four (4) years of prision correcional as maximum, and a fine of P5,000.00.cralaw

WHEREFORE, the Court AFFIRMS the June 15, 201 1 Decision of the Court of Appeals and its November 14, 2011 Resolution in CA-G.R. CR No. 29467, with the MODIFICATION that accused-appellant, Hilario P. Soriano, is sentenced to an indeterminate sentence of imprisonment of Four (4) months and One (1) day of arresto mayor as minimum to Four (4) years of prision correcional as maximum, and to pay a fine of P5,000.00. Perlas-Bernabe, J., no part, due to prior action in the Court of Appeals; Villarama, Jr., J., designated additional member per Raffle dated December 12, 2011.)

SO ORDERED.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court