l\epublic of tbe ~bilippines

~upreme <!Court
~aguio Qtitp

FIRST DIVISION

PEOPLE OF THE PHILIPPINES, G.R. No. 247463

Petitioner,
Present:

GESMUNDO,'
- versus - Chairperson,
HERNANDO,
ZALAMEDA,
ROSARIO, and
HON. AMELIA A. FABROS- MARQUEZ,JJ
CORPUZ, in her capacity as Acting
Presiding Judge of RTC
Muntinlupa City, Branch 256, and
ANTHONY ARCHANGELy SY,
Respondents.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

DECISION

HERNANDO, J.:

This Petition for Certiorari with Urgent Prayer for the Issuance of a
Temporary Restraining Order and/or Writ of Preliminary lnjunction 1 (Petition)
challenges the Resolution2 of the Regional Trial Court (RTC) in Spec. Proc.
No. 18-371 issued by the public respondent, Honorable Amelia A. Fabros-
Corpuz.

In the assailed Resolution, the public respondent modified the penalty

imposed on private respondent Anthony Archangel y Sy f~r three counts of

1
Rollo, pp. 3-28.
2 Id at 29-30. The March 14, 2019 Resolution in Spec. Proc. No. 18-371 was penned by Acting Presiding
Judge Hon. Amelia A. Fabros-Corpuz of Branch 256, Regional Trial Court, Muntinlupa City.

T
Decision 2 G.R. No. 247463

Estafa, applied the provisions of Republic Act No. 10951, 3 and directed the
Bureau of Corre(?tions to immediately release respondent Sy from the National
Bilibid Prison.

Factual Antecedents

On February 8, 2001, nine separate Criminal Informations charged

respondent Sy with Estafa under Article 315, paragraph 2 (d) of the Revised
Penal Code (RPC) for issuing nine worthless bank checks. 4 Of the nine criminal
cases, five were dismissed on March 29, 2001 by Branch 48, RTC, Urdaneta
City. 5

Four criminal cases remained docketed as Criminal Case Nos. U-11223,

U-11226, U-11227, and U-11228. 6 The accusatory portion for Criminal Case
No. U-11223 reads:

Criminal Case No. U-11223

That oncor about September 16, 2000 at Brgy. Nancayasan, Urdaneta City
and within the jurisdiction of this Honorable Court, the above-named accused,
purchased con'Struction materials from Allan Apaga and with intent to defraud by
means of.deceit and false pretenses representing that his Philippine Veterans
Bank [Check] Nos. 0070220 and 0070218 dated September 19 and 17, 2000[,] in
the amount of [sic] [PHP] 41,800.00 and [PHP] 41,500.00, respectively, are good
and sufficiently funded, did then and there willfully, unlawfully and unlawfully
[sic] draw, issue and deliver as payment of his purchase said checks to Allan
Apaga, who believe[ d] the misrepresentation of the accused causing him to part
with his construction materials, accused knowing well that he has no fund or
credit with the drawee bank as his checking account was already closed, such that
when said check was presented for payment the same was dishonored for reason
Account Closed and despite notice of dishonor and repeated demands upon him
to make good his checks and/or pay the amount thereof, accused failed and
refused to <lo any to the damage and prejudice of said Allan Apaga.

Contrary to [Article] 315, (2, d), [RPC] as amended by P .D. 818 and R.A.
7
4885.

Trial then ensued. 8

Republic Act No. 10951 (2017), An Act Adjusting The Amount Or The Value Of Property And Damage
On Which A Penalty Is Based, And The Fines Imposed Under The Revised Penal Code, Amending For The
Purpose Act No. 3815, Otherwise Known As "The Revised Penal Code," As Amended.
4
Rollo,p.35.
5
Id
6
Id.
7 Id In the Decision dated September 3, 2007, only the accusatory portion for Criminal Case No. U-11223
was reproduced. The accusatory portions for Criminal Case Nos. U-11226, U-11227, and U-11228 were not
reproduced.
' Id.
Decision 3 G.R. No. 247463

Proceedings and Ruling of the Regional Trial Court

On September 3, 2007, Branch 48, RTC, Urdaneta City promulgated its

Decision9 finding respondent Sy guilty beyond reasonable doubt for three
counts of Estafa. 10

The decretal portion of the RTC Decision reads:

IN LIGHT OF ALL THE FOREGOING, this Court firmly believes and

so holds that the prosecution had equitably proved its case by the evidence
presented, finds the accused Anthony Archangel guilty beyond reasonable doubt
for Estafa defined and penalized under Article 315 (2, d) of the [RPC], as amended
by P.D. 818 and R.A. 4885 on three (3) counts and sentences him as follows:

(1) In Criminal Case No. U-11223, without any attending mitigating or

aggravating circumstance, and applying the Indeterminate Sentence
Law, hereby sentences him to a penalty of FOUR (4) YE;AR~ TWO (2)
MONTHS and ONE (1) DAY TO SIX (6) YEARS ofprision mayor as
minimum to SIX (6) YEARS and ONE (1) DAY TO EIGHT (8) years
ofprision mayor as maximum. [sic] The accused is further sentenced
to pay complaining witness Allan Apaga the amount of [PHP]
41,500.00, without subsidiary imprisonment in case of insolvency, plus
the costs of suit;

(2) In Criminal Case No. U-11226, without any attending mitigating or

aggravating circumstances and, applying the Indeterminate Sentence
Law, hereby sentences the accused to a penalty of FOUR (4) YEARS
TWO (2) MONTHS and ONE (1) DAY TO SIX (6; YEARS ofprision
mayor as minimum to SIX (6) YEARS and ONE (1) DAY TO EIGHT
(8) .years of prision mayor as maximum. The accused is further
sentenced ·to pay complaining witness Allan Apaga the amount of
[PHP] • 55,92:3.00, without subsidiary imprisonment in case of
inscil'vency; plus the costs of suit;

(3) In Criminal Case No. U-11227, without any attending mitigating or

aggravating circumstances and, applying the Indeterminate Sentence
Law, hereby sentences the accused to a penalty of FOUR (4) YEARS
TWO (2) MONTHS and ONE (1) DAY TO SIX (6) YEARS ofprision
mdyor_as minimum to SIX (6) YEARS and ONE (1) DAY TO EIGHT
(8) years of prision mayor as maximum. The ·accused is further
sentenced to pay complaining witness Allan Apaga the amount of
[PHP] 34,909.00, without subsidiary imprisonment in case of
insolvency, plus the·costs of suit; and

(4) In CrimimJ Case No. U-11228, the accused is hereby ACQUITTED on

ground of reasonable doubt from the charge of estafa. •

The period of imprisonment of which herein accused has undergone shall

be credited in the service of Ll-te term of his imprisoIL.'Ilent.

9 Id at 35-37. The September 3·, 2007 Decision in Criminal Case Nos.U-11223, U-11226, U-11227, and U-
i 1228 was permed by Judge Aucelio·R.·Ralar, Jr. of Branch 48, Regional Trial Court, Urdaneta City.
10 Id at 35. •
Decision 4 G.R. No. 247463

SO ORDERED. 11 (Emphasis in the original)

On Decerpber 22, 2018, respondent Sy, through the Public Attorney's

Office (PAO), filed a Petition to Adjust and Fix Penalty (With Urgent Motion
to Release) (Petition to Adjust and Fix Penalty) 12 before the RTC ofMuntinlupa
City praying for his immediate release from confinement. 13

In respondent Sy's Petition to Adjust and Fix Penalty, he manifested that

the same compli~d with the decision of this Court in Hernan v. Sandiganbayan 14
and argued that the passage of Republic Act No. 10951 provided basis to
warrant the adjustment of the imposable penalty upon him. 15

Since respondent Sy was convicted of Estafa in criminal cases involving

the amounts of PHP 41,500.00, PHP 55,923.00, and PHP 34,909.00,
respectively, then the adjusted imposable penalty is arresto mayor in its
maximum period to prision correccional in its minimum period. 16 To
respondent Sy, the adjusted imposable penalty should be four months and one
day to six months as the maximum period of arresto mayor, to six months and
one day to two years and four months, as the minimum period of prision
correccional for each count ofEstafa. 17

Respondent Sy added that he already served 21 years, 10 months, and 14

days with earned good conduct time as evidenced by his prison record. 18
Furthermore, when the ameliorative benefit of Republic Act No. 10951 was
applied, respondent Sy already exceeded the maximum years of incarceration
for his conviction in Criminal Case Nos. U-11223, U-11226, and U-11227. 19

In an Order2° dated February 6, 2019, the public respondent directed the

Office of the· Solicitor General (OSG) to file its comment to the Petition to
Adjust and Fix Penalty.

The OSG timely complied with the Order and filed its Comment21 dated
February 28, 2019.

11
ld. at 36-37.
12
ld.at31-34.
13 Id. at 32.
14 822 Phil. 148 (2017) [Per J. Peralta, En Banc].
15
Rollo, p. 32.
1, Id.
17 ld.
(8 Id.
19 id. ,
20 Id. at 40. The F·ebruary 6.2019 Order in Spec. Proc. No. 18-371 was issued by Acting Presiding Judge Hon.
Amelia A. Fabros-Corpuz of Branch 256, Regional Trial Court, Muntinlupa City.
21
id. at 40--46.
Decision 5 G.R. No. 247463

In the assailed Resolution, 22 the RTC, through the public respondent,

modified the original penalty imposed on respondent Sy for three counts of
Estafa and ordered his immediate release from prison pursuant to the provisions
of Republic Act No. 10951.23 For ease of reference, the adjusted penalty for
each count ofEstafa became an indeterminate sentence as follows: 24

CRIMINAL CASE AMOUNT ADJUSTED

NUMBER PENALTY
,
U-11223 • PHP 41,500.00 '
One year of arresto
mayor maxrmum to
prision correccional
mmimum as mimmum
and one year and eight
U-11226 PHP 55,923.00 months of arresto
mayor ,maximum to
prision, correccional
mmimum as
maximum

Two months of
arresto mayor
minimum and medium
U-11227 PHP 34,909.00 as mip.imum and three
months of arresto
mayor- minimum and
medium as maximum

The dispositive portion of the assailed RTC Resolution reads:

IN VIEW OF THE FOREGOING, this Decision dated September 3, 2007

[sic] by the Regional Trial Court, Branch 48, Urdaneta, Pangasinan [sic], in
regard to the penalty is hereby modified and the Bureau of Corrections is hereby
directed to release ANTHONY ARCHANGEL y SY from the National Bilibid
Prison [sic] upon receipt of this order, unless he is being detained for other lawful
cause/s.

SO ORDERED. 25 (Emphasis in the original)

22
Id at 29-30.
23
Id at 30.
24 Id There was no table in the Resolution dated March 14, 2019. This table was added to summarize the
ruling in the Resolution dated March 14, 2019 with regard to the penalty imposed.
" Id

l
Decision 6 G.R. No. 247463

Dissatisfied, the People, through the OSG, filed the present Petition before
this Court under Rule 65 of the Rules of Court, pursuant to Office of the Court
' ;
Administrator (OCA) Circular No. 179-2018.

Arguments ofthe OSG

In the Petition, the OSG argues that the public respondent erroneously
applied the penalty provided in the.first 4 th paragraph of Article 315 of the RPC,
which was amended by Section 85 of Republic Act No. 10951.26 The OSG
contends that , the penalty cited by the public respondent in the assailed
Resolution was not for fraud committed through the issuance of worthless
checks under Article 315, paragraph 2 (d) of the RPC. 27

Instead, the applicable penalties of the law are found in the second 4th and
th
5 paragraphs of Article 315 of the RPC, as amended by Section 85 ofRepublic
Act No. 10951, which is prision mayor in its medium period. 28

To support' this contention, the OSG provided a comparison table of

imposable penalties for Estafa under both the RPC and Republic Act No.
I 0951, 29 repr~duced below for ease of reference:

ARTICLE 315, SECTION 85 OF

CRIMINAL CASE
PARA GRAPH 2 (D) REPUBLIC ACT
NUMBER
OFTHERPC NO. 10951

Minimum Sentence: Minimum Sentence:

'
4 years, 2 months and From 6 years and 1
1 day to 6 years day to 8 years
U-11223 Maximum Sentence: Maximum Sentence:
6 years and 1 day to 8 8 years, 8 months and
; years 1 day to 9 years and 4
months
' '

Minimum Sentence: Minimum Sentence:

4 years, 2 months and From 6 years and 1
U-11226 1 day to 6 years day to 8 years

Maximum Sentence: Maximum Sentence:

26
Id at 14.
21 Id.
1, Id.
29 Id. at 14-15. The table headers were modified for clarity.
Decision 7 G.R. No. 247463

6 years and 1 day to 8 8 years, 8 months and

years 1 day to 9 years and 4
months

To the OSG, the legislative intent of Republic Act No. 10951 is clearly to
impose a higher penalty for the crime ofEstafa committed through the issuance
of worthless checks involving the amount of PHP 40,000.00 but less than PHP
1,200,000.00. 30

Thus, the public respondent should have dismissed the petition in so far as
Criminal Case Nos. U-11223 and U-11226 were concerned, then ordered
respondent Sy to continue serving the remaining term of his sentence because
applying Republic Act No. 10951 was disadvantageous to respondent Sy. 31

Even assuming that the correct provision of law was applied, the OSG
argues that the public respondent should not have applied the ·same since it
would have effectively raised the penalty imposed on resporldent Sy, contrary
to Section 100 of Republic Act No. 10951. 32 In other won:\s, the penalty in
Section 85 of Republic Act No. 10951 was not favorable to· respondent Sy.33
Instead, the original penalty imposed by Branch 48, RTC, Urdaneta City should
be maintained. 34

In its Petition, the OSG also points out that the immediate release of
respondent Sy was unwarranted since respondent Sy had qnly served his
sentence for 14 years, 9 months, and 27 days compared to his total maximum
sentence of24 years. 35

Proceedings before the Supreme Court

36
The Court, without giving due course to the Petition, issued a Resolution
dated January 8, 2020. In the Court's Resolution, respondent Sy was required
to file a Comment, among others, and the People's prayer for-issuance of a
temporary restraining ·order (TRO) was granted.

The TRO 37 enjoined the public respondent, her successor, representatives,

agents, or other persons acting on her behalf from enforcing the assailed
Resolution in Spec. Proc. No. 18-371.38 The decretal portion of the TRO reads:

30
Id. at 15.
31 Id at 15-16.
32 Id at 16-21.
33 Id at 17-1&.
34
Id at 17.
35 Id at 18.
36 Id at 83-84.
37 Id at 85-8_7,
38 Id. at 84.
Decision 8 G.R. No. 247463

NOW, THEREFORE, effective immediately and continuing until further

orde~s- from this Court, You, the Hon. Amelia A. Fabros-Corpuz, Acting
Pres1dmg Judge, or your successor, RTC, Br. 256, Muntinlupa City, and
respondent, your representatives, agents and all other persons acting on your
behalf are hereby RESTRAINED from implementing and enforcing the
Resolution dated 14 March 2019 of the RTC, Br. 256, Muntinlupa City in Spec.
Pro[c]. No. 18-371. 39 (Emphasis in the original)

Sy, through,PAO, filed a Comment40 dated June 30, 2020, after multiple
extensions of time.

In a Resolution41 dated January 25, 2021, the Court directed the respective
Clerks of Court of Branch 256, RTC, Muntinlupa City, and Branch 48, RTC,
Urdaneta City, to elevate the complete records of the case within 10 days from
notice. 42

On April 26, 2021, this Court issued a Resolution43 requiring the OSG to
file its Reply.

The OSG,,for the People, filed its Reply44 dated July 6, 2021.

The Court ·issued a Resolution45 dated November 10, 2021 giving due
course to the Petition and requiring the parties to file their respective
Memoranda. 46

The People,'through the OSG, filed its Memorandum47 dated January 11,
2022.

On June 26, 2023, the Court issued a Resolution48 granting respondent Sy's
multiple motions for extension of time to file a memorandum totaling 92 days
from February 1, 2022. 49

In the same Resolution, the Court stated that the respective Clerks of Court
of the Branch 256, RTC, Muntinlupa City, and Branch 48, RTC, Urdaneta City
failed to comp~y with the Resolution dated January 25, 2021 directing them to
elevate the complete records of Spec. Proc. No. 18-371. 50 Thus, the said Clerks
of Court were required to show cause why they should not be disciplinarily dealt

39
Id. at 86.
40
Id. at 121-127.
41
Id. at !30-131.
42
Id. at 13 I.
43
Id. at 134-135.
44
Id. at 137-150.
45 Id. at 151-152.
6
' Id. at 151.
47 Id. at 153-159. •
48 Id. at 222-223. •
49
Id. at 222.
50 id.
 Decision 9 G.R. No. 247463

with or held in contempt for such failure and to comply with,the Resolution
dated January 25, 2021 within 10 days from notice. 51

In compliance with the Court's directive, the Clerk of Court of Branch 48,
RTC, Urdaneta City elevated the entire records of Criminal Case Nos. U-11223,
U-11226, U-11227, and U-11228 on October 19, 2023. 52

Similarly, the Clerk of Court of Branch 256, RTC, Muntinlupa City

complied with the Court's directive and elevated the records of the case on
October 23, 2023. 53 ,

The records show that respondent Sy, through PAO, has not filed a
Memorandum with covering motion for leave to file and admit the same.
Thus, respondent Sy has not elaborated further on the relevant issue of the
instant case.

Nevertheless, We proceed to resolve the case at bar.

Issue

The sole issue is whether the public respondent committed grave abuse of
discretion arnounting to lack or in excess of discretion in adjusting respondent
Sy's prison sentence and ordering respondent Sy's immediate release from
pnson.

Our Ruling

The Court rules ir1 favor of the People and grants the Petition.

Direct resort to the Court is

allowed following the
guidelines set forth-in In Re:
Elbanbuena 54

As a general n1le, litigants must observe the hierarchy of ,courts. 55 Direct

resort to this Court is justified only when there are special and important reasons
specifically set out in the petition. 56

s1 Id.
52 Id. at 224---'237.
53
.Id. at 238-240.
54 83.7 Phii. 1025, 1034-1035 (2018)[Per J. Jardeleza, En Banc]. , .
55 Lasam v. Philippine National Bank., 844 Phil. 781, 790 (2018) [Per J. J. Reyes, Jr., Third Division], citing
Chamber ofReal Estate and Buiiders Associations, Inc. v. Secretary ofAgrarian Reform, 635 Phil. 283,300
(2010) [Per J. Perez, First Division].
56 Id. at 791, citing Heirs of Bertuldo Hinog v. Hon. Melicor, 495 Phil. 422, 432 (2005) [Per J. Austria-
Martinez, Second Division].
Decision 10 G.R. No. 247463

In Hernan v.' Sandiganbayan, 57 We ruled that the passage of Republic Act

No. 10951 is. an exceptional circumstance which warrants not only the re-
opening of an already terminated case, but also the recall of an Entry of
Judgment for purposes of modifying the penalty to be served. Hernan sought
only the modification of sentence pursuant to Republic Act No. I 0951.

In contrast and applying Hernan, the case of In Re: Elbanbuena58 involved

the modification of sentence pursuant to Republic Act No. 10951, as well as the
immediate release from confinement on account of full service of the re-
computed sentence.

The Court in In Re: Elbanbuena then issued guidelines to govern the

procedures for actions seeking the following reliefs: (1) the modification, based
on the amendments introduced by Republic Act No. 10951, of penalties
imposed by final judgments; and (2) the immediate release of the petitioner-
convict on account of full service of the penalty/penalties, as modified. 59
Among others, We laid down the rule on direct resort to this Court:

VII. Judgmen,t ofthe court.

To avoid any prolonged imprisonment, the court shall promulgate

judgment no later than ten (I 0) calendar days after the lapse of the
period to file comment. The judgment shall set forth the following:

a. The penalty/penalties imposable in accordance with

RA No. 10951;
b. Where proper, the length chime the petitioner-convict
has been in confinement (and whether time allowance
for good conduct should be allowed); and
c. Whether the petitioner-convict is entitled to immediate
release due to complete service of his sentence/s, as
modified in accordance with RA No. 10951.

The judgment of the court shall be immediately executory, without

prejudice to the filing before the Supreme Court of a special civil
actiop under Rule 65 of the Revised Rules of Court where there is
showing of grave abuse of discretion amounting to lack or excess of
jurisdiction.60 (Emphasis supplied)

For the guidance of all first and second level courts, the OCA issued OCA
Circular No. 179-2018 highlighting the guidelines set in In Re: Elbanbuena.

57 822 Phil. 148, 174 (20 l 7)[Per J. Peralta, En Banc].

58 837 Phil. 1025, 1034 (2018) [Per J. Jardeleza, En Banc].
59
Id.
60
Id at 1035.
Decision 11 G.R. No. 247463

In the Petition, the OSG cites the case of In Re: Elbanbuena 61 and argues
that the proper remedy to assail a judgment or resolutio'n relative to the
adjustment of penalty under Republic Act No. 10951 is the filing of a petition
for certiorari under Rule 65 of the Rules of Court before Us. 62

Here, the OSG availed of the proper remedy.

We thus proceed to determine whether the Petition sufficiently shows

grave abuse of discretion amounting to lack or in excess of jurisdiction on the
part of the public respondent.

The remedy ofcertiorari under

Rule 65 ofthe Rules of Court

A petition for certiorari is governed by Rule 65, Section 1 of the Rules of

Court, which expressly states:

Section 1. Petition for certiorari. -When any tribunal, board or officer

exercising judicial or quasi-judicial functions has acted without or' in excess
its or his jurisdiction, or with grave abuse of discretion amount,ing to lack or
excess of jurisdiction, and there is no appeal, or any plain; speedy, and
adequate remedy in the ordinary course of law, a person aggrieved thereby
may file a verified petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered annulling or modifying the proceedings
of such tribu.'1al, board or officer, and granting such incidental reliefs as law and
justice may require. (Emphasis supplied)

A writ of certiorari may be issued only for the correction of errors of

jurisdiction or grave abuse of discretion amounting to lack or in excess of
jurisdiction. 63 The writ cannot be used for any other purpose, as its function is
limited to keeping the inferior court within the bounds of its jurisdiction. 64

In jurisprudence, We ruled that the following elements must concur in

order to avail of the remedy of certiorari under Rule 65 of the Rules of Court:
(I) the writ is directed against a tribunal, a board or any officer exercising
judicial or quasi-judicial functions; (2) such tribunal, board O{ of:J;cer has acted
without or in excess of jurisdiction, or with grave abuse of discretion amounting
to lack or in excess ofjurisdiction; and (3) there is no appeal or :any plain, speedy
and adequate remedy in the ordinary course oflaw. 65

61 id
62 Rollo, p. 9. ,
63 Madrigal Transport )nc. v. Lapanday Holdings Corp., 479 Phil. 768, 778 (2004) [Per J. Panganiban, Third
Division].
64 Id. (Citations omitted)
65 !du/ v. Alster Int'/ Shipping Services, Inc., G.R. No. 209907, June 23, 2021, [Per J. Hernando, Third
Division].

l
Decision 12 G.R. No. 247463

Grave abuse of discretion is defined in jurisprudence as such capricious

and arbitrary exercise of judgment as equivalent, in the eyes of the law, to lack
ofjurisdiction.66 There is grave abuse of discretion where the power is exercised
in an arbitrary or despotic manner by reason of passion, prejudice, or personal
hostility amounting to an evasion of a positive duty, or a virtual refusal to
perform the duty; enjoined, or to act at all in contemplation of law. 67 Through
time, the meapin~ of grave abuse of discretion has been expanded to include
any action done contrary to the Constitution, the law, or jurisprudence. 68

In the Petition, the OSG argues that the public respondent's failure to apply
the law is not a mere error in judgment. 69 Instead, the same constitutes grave
abuse of discretion. 70

We therefore briefly examine the relevant provisions of Republic Act No.

I 0951 vis-a-vi~ the original penalty imposed on respondent Sy.

There was a grave abuse of

discretion amounting to lack
or in excess of jurisdiction
when the public respondent
misapplied the penalty for
Estafa committed through the
issuance of worthless checks
under Article, 315, paragraph
2 (d) of the RPC

To recall, respondent Sy was convicted for three counts of Estafa under

Article 315, paragraph 2 (d) of the RPC, as amended, involving the respective
amounts of PHP 41,500.00, PHP 55,923.00, and PHP 34,909.00. By way of
71
summary, the table below presents the penalties imposed, thus:

CRIMINAL ORIGINAL ADJUSTED

AMOUNT PENALTY72 PENALTY73
CASE
NUMBER

'' Bacelonia v._ Court of Appeals, 445 Phil. 300, 307-308 (2003) [Per J. Corona, Third Division]; Vda. De
Bacalingv. Laguda, 153 Phil. 524, 533-534 (1973) [Per J. Esguerra, Third Division]. _
67 Benito v. Commission on Elections, 402 Phil. 764, 773 (2001) [Per J. De Leon, Jr., En Banc]; Cwson v.
Court ofAppeals, 351 Phil. 1089, 1102 (1998) [Per J. Panganiban, First Division].
68 Republic v. COCO FED, 423 Phil. 735, 774 (2001) [Per J_ Pangamba~, En Banc].
69 Rollo, p. IO.

10 Id.
71 Id at 36-37, 30. .
72 Id at 36-37. This is the original penalty imposed in the dispositive port10n of the September 3, 2007
Decision of Branch 48, Regional Trial Court, Urdaneta City. _
73 Jd at 30. This is the adjusted penalty imposed in the dispositive portion of the March 14, 2019 Resolut10n
of Branch 256, Regional Trial Court, Muntinlupa City.
Decision 13 'G.R. No. 247463

U-11223 PHP 41,500.00

PHP 55,923.00 Minimum Minimum Penalty:
Penalty: 1 year of arresto
4 years, 2 months, mayor maximum to
and 1 day to 6 prision •correccional
..
years of pns10n mm1mum
mayor
U-11226 Maximum Penalty:
Maximum 1 year and 8 months
Penalty: of arresto mayor
6 years and 1 day maximum to prision
to 8 years of correccional
pns1on mayor mm1mum
'
PHP 34,909.00
Minimum Penalty:
2 months of arresto
mayor minimum and
medium
U-11227
J\,1aximum Penalty:
3 months of arresto
mayor minimum and
medium as
maximum

On August 29, 2017, Republic Act No. 10951 was enacted which amended
the RPC by reducing the penalties for certain crimes. 74 Section 85 of Republic
Act No. 10951 amended the penalties for Estafa, as follows:

Section 85. Ar.icle 315 of the ~aine Act, as ainended by-Republic Act No.
4885, Presidential Decree No. 1689, and Presidential Decree No. 81'8, is hereby
f.r,_'1:her amended to read as follows:

"ART. 315. Swindling (estafa). - Any person who shall defraud

another by any of the means mentioned herein below shall be punished by:

"I st The penalty of prisi6n correccional in its maximum period to

prisi6n mayor in its minimum period, if the ainount of the fraµd is over
Two million four hundred thousand pesos ([PHP] 2,400,000) but does not
exceed Four million four hundred thousand pesos ([PHP] 4,400,000), 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 Two million pesos ([PHP] 2,000,000); but the total penalty
which may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed and for the

'4 in Re: Elbanbuena; 837 Phil. 1025, 1029 (2018) [Per J. Jardeleza, En Banc].
Decision 14 G.R. No. 247463

purpose of the other provisions of this Code, the penalty shall be termed
prisi6n mayor or reclusion temporal, as the case may be.

"2nd. The penalty of prisi6n correccional in its minimum and

medium periods, if the amount of the fraud is over One million two hundred
thousand pesos ([PHP] 1,200,000) but does not exceed Two million four
hundred thousand pesos ([PHP] 2,400,000).

"3rd. The penalty of arresto mayor in its maximum period to

prisi6n correccional in its minimum period, if such amount is over Forty
thousand pesos ([PHP] 40,000) but does not exceed One million two
hundred thousand pesos ([PHP] 1,200,000).

"4th. By arresto mayor in its medium and maximum periods, if

such amount does not exceed Forty thousand pesos ([PHP] 40,000):
Provided, That in the four cases mentioned, the fraud be committed by any
of the following means:

[.
2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with
the commission of the fraud:
a.
b.
C.
d. By postdating a check, or issuing a check in
payment of an obligation when the offender had no
funds in the bank, or his funds deposited therein
were not sufficient to cover the amount of the
check. The failure of the drawer of the check to
deposit the amount necessary to cover his check
within three (3) days from receipt of notice from
the bank and/or the payee or holder that said check
has been dishonored for lack or insufficiency of
funds shall be prima facie evidence of deceit
constituting false pretense or fraudulent act.

, "Any person who shall defraud another by means of false

pretenses or fraudulent acts as defined in paragraph 2( d) hereof shall be
punished by:

"!st. The penalty of reclusion temporal in its maximum period,

if the amount of fraud is over Four million four hundred thousand pesos
([PHP] 4,400,000) but does not exceed Eight million eight hundred
thousand pesos ([PHP] 8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.

"2nd. The penalty of reclusion temporal in its minimum and

medium periods, if the amount of the fraud is over Two million four
hundred thousand pesos ([PHP] 2,400,000) but does not exceed Four
million four hundred thousand pesos ([PHP] 4,400,000).
Decision 15 G.R. No. 247463

. . . . "3_rd.The penalty ofprisi6n may;r _in its maximum period, if the

amount 6fthe fraud is over .One million two hundred thousand pesos
([PIH'] J ,200,000) but does not exceed Two million four hundred
thousand pesos ([PHP] 2AOO,OOO).

"4th. The penalty ofprisi6n mayor in its medi~ period, if such

amount is over Forty thousand pesos ([PHP] 40,000) bht does not
exceed One million two hundred thousand pesos ([PHP] 1,200,000).

"5th. By prisi6n mayor in its minimum period, if such amount

does not !c'XCeed Forty thousand pesos ([PHP] 40,000).

For clarity, it can be seen in Section 85 of Republic Act No. 10951 that
there are two groups of penalties for Estafa: the first group is the penalty
imposed by the RPC, while the second group is the penalty for pstafa committed
by specific fraudulent means, including the issuance of a worthless check:

PENALTY FOR ESTAFA

COMMITTED THROUGH
PENAL TY FOR ESTAFA
THE ISSUANCE OF A
WORTHLESS CHECK

"1st. The penalty of prisi6n "Any person who shall

correccional m its maximum period to defraud another by means of
prisi6n mayor in its minimum period, if the false pretenses or fraudulent
amount of the fraud is over Two million four acts as defined in paragraph
hundred thousand pesos ([PHP] 2,400,000) 2( d) hereof shall be punished
but does not exceed Four million four by:
hundred thousand pesos ([PHP] 4,400,000),
and if such amount exceeds the latter sum, "1st. The penalty of
the penalty provided in this paragraph shall reclusion tempor.al m its
be imposed in its maximum period, adding maximum period, if the amount
one year for each additional Two million of fraud is over Four million
pesos ([PHP] 2,000,000); but the total four hundred thousand pesos
penalty which may be imposed shall not ([PHP] 4,400,000) but does not
exceed twenty years. In such cases, and in exceed Eight million eight
connection with the accessory penalties hundred thousand pesos ([PHP]
which may be imposed and for the purpose 8,800,000). If the amount
of the other provisions of this Code, the exceeds the latter, the penalty
penalty shall be termed prisi6n mayor or shall be reclusion perpetua.
reclusion temporal, as the case may be.
"2nd. The penalty of
"2nd. The penalty of prisi6n reclusion temporal m its
correccional in its minimum and medium minimum and medium periods,
periods, if the amount of the fraud is over if the amount of the fraud is
One miJlion two hundred thousand pesos over Two million four hundred
([PHP] 1,200,000) but does not exceed Two thousand pesos ([PHP]
2,400,000) but does not exceed

I
Decision 16 G.R. No. 247463

million four hundred thousand pesos ([PHP] Four million four hundred
2,400,000). thousand pesos ([PHP]
4,400,000).
"3rd. The penalty of arresto mayor
in its maximum period to pns10n "3rd. The penalty of
correccional in its minimum period, if such prision mayor in its maximum
amount is over Forty thousand pesos ([PHPJ period, if the amount of the
40,000) but does not exceed One million fraud is over One million two
two hundred thousand pesos ([PHP] hundred thousand pesos ([PHPJ
1,200,000). 1,200,000) but does not exceed
Two million four hundred
"4th. By arresto mayor in its thousand pesos ([PHP]
medium and maximum periods, if such 2,400,000).
amount does not exceed Forty thousand
pesos ([PHP] 40,000): Provided, That in "4th. The penalty of
the four cases mentioned, the fraud be prision mayor in its medium
committed by any of tbe following means: period, if such amount is over
Forty thousand pesos ([PHP]
1. 40,000) but does not exceed
2. By means of any of the following One million two hundred
false pretenses or fraudulent acts thousand pesos ([PHP]
executed prior to or 1,200,000).
simultaneously witl1 the
commission of the fraud: "5th. By prision mayor
a. in its minimum period, if such
b. amount does not exceed Forty
C. thousand pesos ([PHP]
d. By postdating a check, 40,000). (Emphasis supplied)
~r issuing a check in
i;,ayment of an
obligation when the
offender had no funds
in the bank, or his
funds deposited therein
were •not sufficient to
cover the amount of the
check. The failure of
the drawer of the check
to deposit the amount
necessary to cover his
check within three (3)
days ·from receipt of
notice from the bank
and/or the payee or
hold_er that said check
has been dishonored for
lack or insufficiency of
.funds shall be prima
facie evidence of deceit
constituting false
pretense or fraudulent
act. (Emphasis supplied)
 Decision 17 'G.R. No. 247463

In the case of Abalos v. People, 75 the accused was found guilty beyond
reasonable doubt for Estafa under Article 315, paragraph 2 (d) of the RPC for
issuing two worthless checks in the aggregate amount of PHP 267,500.00. For
the penalty, this Court applied the second 4th paragraph of Section 85 of
Republic Act No. 10951 and ruled in the wise:

Considering that the actual ·amount involved in this Jase is [PHP]

232,500.00, the proper imposable penalty is prision mayor in its medium
period. Since the penalty prescribed by law is a penalty composed of only
one period, Article 65 of the RPC requires the division of the time included
in the penalty to three portions, thus:

Maximum: 9 years, 4 months and 1 day to 10 years

Medium: 8 years, 8 months and 1 day to 9 years and 4 months
Minimum: 8 years and 1 day to 8 years and 8 months

Under Article 64 of the RPC, the penalty prescribed shall be imposed

in its medium period when there are neither aggravating nor mitigating
circumstances. Considering the absence of any modifying circumstance in
this case, the maximum penalty should be anywhere within the medium
period of eight years, eight months and one day to nine years and four
months.

Applying the Indeterminate Sentence Law (ISL), the minimum term,

which is left to the sound discretion of the court, should be within the range
of the penalty next lower than the aforementioned penalty, which is left to
the sound discretion of the court. Thus, the minimum penalty should be one
degree lower from the prescribed penalty of prision mayor in its medium
period, or prision mayor in its minimum period. The minimum term of the
indeterminate sentence should be anywhere from six years and one day to
10 years.

Under R.A. No. 10951, therefore, the petitioner is liable to suffer the
indeterminate penalty of imprisonment ranging from six years and, one day of
prision mayor, as minimum, to eight years, eight months and one day of prision
mayor, as maximum.7 6 (Emphasis supplied)

In the Petition, the OSG correctly points out that the public respondent
misapplied the first 4th paragraph of Article 315 of the RPC, as amended by
Section 85 of Republic Act No. 10951. 77

Instead, the applicable penalties to the case at bar are the sec'and 4th and 5th
paragraphs of Section 85 of Republic Act No. 10951. '

Applying the foregoing, We agree with the OSG that the public
respondent's failure to apply the law constitutes a grave abuse of

75
859 Phil. 450 (2019) [Per J. I. Reyes, Jr., Second Division].
76
Id. at 463--464. (Citations omitted)
77
Rollo, p. 14.
Decision 18 G.R. No. 247463

discretion, and not merely an error in judgrnent. 78 However, even if the

public respondent correctly applied the second 4 th and 5th paragraphs of Section
85 of Republic Act No. 10951, the same would have been disadvantageous to
Sy. •

The application of Section 85

of Republic Act No. 10951 is
not favorable to Sy

Section 100 of Republic Act No. 10951 expressly states that the new law
only has retroactive effect when it is favorable to the accused. The provision of
law reads:

SECTION I 00. Retroactive Effect. -This Act shall have retroactive effect
to the extent that it is favorable to the accused or person serving sentence by final
judgment.

In the case of Abalos,79 this Court found that the retroactive application of
Republic Act No. 10951 prejudiced the accused. Thus, the penalty under the
RPC prevailed because it was beneficial to the accused.

Applying th<;: applicable law and jurisprudence, We find that Section 85 of

Republic Act No. 10951 is not favorable to respondent Sy. As correctly pointed
out by the OSG, the new penalty under Republic Act No. 10951 has the effect
of unduly raising the penalty for two counts of Estafa and aggravating the
same. 80 Instead, the original penalty imposed by Branch 48, RTC, Urdaneta
City, which is eight years maximum for each of Criminal Case Nos. U-11223
and U-11226, should be maintained.

Based on the foregoing and without proof of compliance with the

requirements u_µder Section 5 of Republic Act No. 1059281 on the grant of time
allowances for good conduct, 82 the immediate release of respondent Sy is not
warranted. Here, respondent Sy's Prison Record83 was signed by the Officer-in-

78
Id. at 10.
79
859 Phil. 450. 465 (2.019) [Per J. J. Reyes, Jr., Second Division].
80
Rollo, p. JIi.
81 Republic Act No. 10592 (2013), An Act Amending Articles 29, 94, 97, 98 And 99 Of Act No. 3815, As
Amended, Other.vise Known _As The Revised Penal Code.
82 See Section 5 of Republic Act No. 10592. The provision oflaw states:

Section 5. Article 99 uf11e same Act is hereby further amended to read as follows:

"ART. 99. Who grants time allowances. - Whenever lawfully justified, the Director of
the Bureau ofCorrectio,1s, the Chief of the Bureau ofJail Management and Penology and/or
the Warden of a provincial, district, municipal or city jail shall grant allowances for good
conduct. Such allowances once granted shail not be revoked."
83
Rollo, pp. 38-39.
Decision 19 , G.R. No. 247463

Charge of the Bureau of Corrections, 84 who is not authorized under the law and
applicable jurisprudence. 85

A final note.

The Court cannot emphasize enough the pivotal role lower court judges
play in the promotion of the people's faith in the judiciary. 86 While the public
respondent's application of a reduced penalty to respondent Sy was noble, it
was not proper.

Judges are expected to exhibit more than just a cursory acquaintance with
statutes and procedural laws. 87 It is expected that judges know the laws and
apply them properly for the misapplication of laws displays not only a lack of
familiarity with the law, but a betrayal of justice and confidence in the judiciary
as a whole. ,

ACCORDINGLY, the Petition for Certiorari is GRANTED.

1. The March 14, 2019 Resolution of Branch 256, Regional Trial Court,
Muntinlupa City in Spec. Proc. No. 18-371 is NULLIFIED and SET
ASIDE for being issued with grave abuse of discretion amounting to
lack or in excess of jurisdiction, pursuant to OCA Circular No. 179-
2018;

2. The Temporary Restraining Order issued by this Court in the

Resolution dated January 8, 2020 is DECLARED as permanent
effective immediately. The Honorable Amelia A. Fabros-Corpuz,
Acting Presiding Judge, her successor in Branch 256, Regional Trial
Court, Muntinlupa City, representatives, agents, and all other persons
acting on her behalf are PERMANENTLY RESTRAINED from
implementing and enforcing the Resolution dated March 14, 2019 of
Branch 256, Regional Trial Court, Muntirilupa City ih Spec. Proc. No.
18-371;

3. The Decision dated September 3, 2007 of Branch 48, Regional Trial

Court, Urdaneta City in Criminal Cases Nos. U-11223, U-11226, and
U-11227 is.REMANDED to the Regional Trial Court in Muntinlupa
City for the. determination of: (1) the proper penalty/penalties in
accordance with Republic Act No. 10951; and (2) whe):her respondent
ANTHONY ARCHANGEL y SY is entitled to be immediately
released on account of full service of his sentences, as modified.

84
Id at 39.
35 See City Warden of the Manila City Jail v. Estrella, 416 Phil. 634, 655 (2001) [Per J. Mendoza, Second
Division]. •
86 See Chan v. Majaducon, 459 Phii. 754, 763 (2003) [Per J. Carpio, First Division].
87 See Office ofthe Court Administrator v. Dumayas, 827 Phil. 173, 186 (2018) [Per CuriCim, En Banc].

I
Decision 20 G.R. No. 247463

SO ORDERED.

Associate Justice
Working Chairperson

WE CONCUR:

Aa
AyE SMUNDO
' C erson
Chief Justice

nt~~
JO~~ASP.MARQUEZ
Associate Justice
Decision 2i G.R. No. 247463

CERTIFICATION

Pursuant to Article VIII, Section 13 of the Constitution, I certify that the

conclusions in the above Decision had been reached in consultation before the
case was assigned to the writer of the opinion of the Court's Division.