February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199429 : February 06, 2012]
EDWIN DELA CRUZ v. PEOPLE OF THE PHILIPPINES
G.R. No. 199429 (EDWIN DELA CRUZ v. PEOPLE OF THE PHILIPPINES). - Considering the allegations, issues and arguments presented in the Petition for Review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated June 30, 2011 and Resolution dated September 12, 2011 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated June 30, 2011 and Resolution dated September 12, 2011 of the Court of Appeals in CA-G.R. CR No. 32962 and AFFIRMS said Decision and Resolution finding petitioner Edwin Dela Cruz guilty beyond reasonable doubt of the crime of Estafa, as defined and penalized under paragraph l(b), Article 315 of the Revised Penal Code, sentencing him to suffer the MODIFIED penalty of imprisonment of 4 years and 2 months of prision correccional, as minimum, to 20 years of reclusion temporal, as maximum, considering that the 1st par. of Article 315 of the RPC provides that the penalty of prision correccional in its maximum period to prision mayor in its minimum period is to be imposed if the amount of the fraud is over P12,000.00 but does not exceed P22,000.00, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional P10,000.00; but the total penalty which may be imposed shall not exceed 20 years. Since the amount involved in this case is P150,000.00, the period of 20 years of reclusion temporal as maximum period imposed is reasonable. The award of actual damages in the amount of P150,000.00 is sustained.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court