January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199167 : January 16, 2012]
FRANCISCO CARAS & FELIPE CABANGANAN v. PEOPLE OF THE PHILIPPINES
G.R. No. 199167 (Francisco Caras & Felipe Cabanganan 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 July 30, 2010 and its Resolution dated August 25, 2011, in CA-G.R. CEB No. 00136, 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.
At any rate, the petition failed to comply with the requirements under Rule 45 and other related provisions of the Rules of Court, as amended, governing appeals by certiorari to this Court, in this wise:
- The verification of the petition was based on petitioner's knowledge and belief and on records available, in violation of Section 4, Rule 7 of the Rules of Court;
- The petition lacks counsel's IBP O.R. number and date of issue in violation of A.M. No. 07-6-5-SC, in relation to Section 5, Rule 45 of the Rules of Court; and
- The verification of the petition and the certification against forum shopping is insufficient or defective, as it lacks competent evidence of the identity of the affiant who signed the document pursuant to Sections 2, 6 and 12, Rule II of the 2004 Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC, in relation to Sections 1, 4(e) and 5, Rule 45 and Sections 4 and 5, Rule 7 of the Rules of Court.
Thus, the said decision of the Court of Appeals is affirmed except that the penalty imposed upon the accused-appellants is modified from "six (6) years, one (1) month and eleven (11) days of prision correctional in its medium period to ten (10) years of prision mayor in its maximum period,� to an indeterminate sentence of imprisonment ranging from four (4) years and two (2) months of prision correccional in its medium period, as minimum, to ten (10) years of prision mayor in its medium period, as maximum.cralaw
WHEREFORE, the Court AFFIRMS the July 30, 2010 Decision of the Court of Appeals and its August 25, 2011 Resolution in CA-G.R. CEB No. 00136, with the MODIFICATION that accused-appellants, Francisco Caras and Felipe Cabanganan, are each sentenced to an indeterminate sentence of imprisonment ranging from four (4) years and two (2) months of prision correccional in its medium period, as minimum, to ten (10) years of prision mayor in its medium period, as maximum.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court