6/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
Aggrieved by the above decision, Ocden filed with the RTC a Notice of Appeal on August
15, 2001.[15] The RTC erroneously sent the records of the cases to the Court of
Appeals, which, in turn, correctly forwarded the said records to us.
In our Resolution[16] dated May 6, 2002, we accepted the appeal and required the
parties to file their respective briefs.
In the same resolution, we directed the
Superintendent of the Correctional Institute for Women to confirm Ocden's detention
thereat.
Ocden filed her Appellant's Brief on August 15, 2003,[17] while the People, through the
Office of the Solicitor General, filed its Appellee's Brief on January 5, 2004.[18]
Pursuant to our ruling in People v. Mateo,[19] we transferred Ocden's appeal to the
Court of Appeals. On April 21, 2006, the appellate court promulgated its Decision,
affirming Ocden's conviction but modifying the penalties imposed upon her for the
three counts of estafa, viz:
[T]he trial court erred in the imposition of accused-appellant's penalty.
Pursuant to Article 315 of the RPC, the penalty for estafa is prision
correccional in its maximum period to prision mayor in its minimum period.
If the amount of the fraud exceeds P22,000.00, the penalty provided shall
be imposed in its maximum period (6 years, 8 months and 21 days to 8
years), adding 1 year for each additional P10,000.00; but the total penalty
which may be imposed shall not exceed 20 years.
Criminal Case Nos. 16316-R and 16318-R involve the amount of P40,000.00
each. Considering that P18,000.00 is the excess amount, only 1 year should
be added to the penalty in its maximum period or 9 years. Also, in Criminal
Case No. 16964-R, the amount involved is P70,000.00. Thus, the excess
amount is P48,000.00 and only 4 years should be added to the penalty in
its maximum period.
WHEREFORE, the instant appeal is DISMISSED. The assailed Decision,
dated 02 July 2001, of the Regional Trial Court (RTC) of Baguio City, Branch
60 is hereby AFFIRMED with the following MODIFICATIONS:
1. In Criminal Case No. 16316-R, accused-appellant is sentenced to 2
years, 11 months, and 10 days of prision correccional, as minimum to
9 years of prision mayor, as maximum and to indemnify Jeffries
Golidan the amount of P40,000.00;
2. In Criminal Case No. 16318-R, accused-appellant is sentenced to 2
years, 11 months, and 10 days of prision correccional, as minimum to
9 years of prision mayor, as maximum and to indemnify Howard
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842
7/19