GR 226615; (January, 2021) (Digest)
G.R. No. 226615, January 13, 2021
Emilio J. Aguinaldo IV, Petitioner, vs. People of the Philippines, Respondent.
FACTS
The Court, in a Resolution dated October 10, 2018, affirmed the Amended Decision of the Court of Appeals finding petitioner Emilio J. Aguinaldo IV guilty beyond reasonable doubt of Estafa under Article 315(2)(a) of the Revised Penal Code. The CA sentenced him to an indeterminate penalty of 4 years and 2 months of prision correccional, as minimum, to 20 years of reclusion temporal, as maximum. Petitioner moved for reconsideration, which was denied with finality in a Resolution dated January 14, 2019, and an Entry of Judgment was issued. Despite this, petitioner filed an Omnibus Motion for leave to file a second motion for reconsideration and for referral to the Court En Banc, and a separate Urgent Motion for Recomputation of Penalty based on Republic Act No. 10951, which adjusted the penalty thresholds for crimes including Estafa.
ISSUE
1. Whether the Court should grant petitioner’s Omnibus Motion seeking a second reconsideration and acquittal.
2. Whether the Court should grant petitioner’s Urgent Motion for recomputation of his penalty in light of Republic Act No. 10951.
RULING
1. The Omnibus Motion was denied for lack of merit. The Court held that the judgment of conviction had become final and immutable with the Entry of Judgment. The issues raised were mere reiterations of grounds already evaluated, and no cogent reason existed to apply any exception to the doctrine of immutability of judgment to reverse the conviction.
2. The Urgent Motion for Recomputation of Penalty was granted. The Court, citing Bigler v. People, held it has the power to correct a penalty imposed in excess of that authorized by law, even after finality of judgment. Republic Act No. 10951, which has retroactive effect if favorable to the accused, readjusted the values for penalties. The defrauded amount was P2,050,000.00, which under the amended law falls under the penalty of prision correccional in its minimum and medium periods (over P1,200,000 but not exceeding P2,400,000). Applying the Indeterminate Sentence Law and with no mitigating or aggravating circumstances, the proper modified penalty is an indeterminate period of 4 months and 20 days of arresto mayor, as minimum, to 2 years, 11 months, and 10 days of prision correccional, as maximum. Consequently, the Entry of Judgment was lifted. This penalty reduction also entitles petitioner to apply for probation under Republic Act No. 10707.