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having had the opportunity to observe their demeanor during the trial.[13] Thus, the
Court finds no reason to disturb the factual finding of the RTC, which was affirmed by
the CA, that appellant was guilty beyond reasonable doubt of the crimes charged.
However, in view of the recent enactment of RA 10951,[14] there is a
need to modify the penalties imposed by the CA insofar as the two counts of estafa,
docketed as Criminal Case Nos. 27592-R and 27602-R, are concerned. For committing
estafa involving the amounts of P440,000.00 and P350,000.00, Article 315 of the RPC,
as amended by RA 10951, now provides that the penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed if the
amount involved is over P40,000.00 but does not exceed P1,200,000.00. There being
no mitigating and aggravating circumstance, the maximum penalty should be one (1)
year and one (1) day of prision correccional. Applying the Indeterminate Sentence Law,
the minimum term of the indeterminate sentence is: arresto mayor in its minimum and
medium periods, the range of which is one (1) month and one (1) day to four (4)
months. Thus, the indeterminate penalty for each count of estafa should be modified to
a prison term of two (2) months and one (1) day of arresto mayor, as minimum, to one
(1) year and one (1) day of prision correccional, as maximum.
In addition, an interest rate of 6% per annum is likewise imposed on the amounts of
P440,000.00 and P350,000.00 from the date of finality of this Resolution until full
payment.
WHEREFORE, premises considered, the appeal is DISMISSED. The Court ADOPTS
the findings of the Regional Trial Court as affirmed by the Count of Appeals. The July
31, 2014 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 04624 finding
appellant Moises Dejolde, Jr. y Salino guilty beyond reasonable doubt of the charges
against him is AFFIRMED with MODIFICATION that, insofar as Criminal Case Nos.
27592-R and 27602-R, the indeterminate penalty of two (2) months and one (1) day of
arresto mayor, as minimum, to one (1) year and (1) day of prision correccional, as
maximum, is hereby imposed for each count of estafa. In addition; an interest rate of
6% per annum is likewise imposed on the amounts of P440,000.00 and P350,000.00
from the date of finality of this Resolution until full payment.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-De Castro, Jardeleza, and Tijam, JJ., concur.
[1] Rollo, pp. 2-21; penned by Associate Justice Rodil V. Zalameda and concurred in by
Associate Justices Ramon M. Bato, Jr. and Maria Elisa Sempio Diy.
[2] CA rollo, pp. 23-35; penned by Judge Edlberto T. Claravall.
[3] Rollo, pp. 4-6.
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