Florentino Duenas Jr. v. People

 

Florentino Duenas Jr. v. People

G.R. No. 211701

January 11, 2023

 

FACTS:

                In 2004, in the City of Makati, Duenas and one other are employed as sales managers in Automall Phils. Corporation, conspired in taking the proceeds of the sale of a Honda Civic belonging to Castrillo. The RTC found Duenas guilty beyond reasonable doubt of the crime of Carnapping. The CA, however, ruled that what was committed was qualified theft with the penalty of reclusion perpetua. Duenas now contends that his sentence shall be lowered to prision correccional in its minimum and medium periods due to the enactment of RA 10951 in 2017 which lowers the penalty of qualified theft to prision correccional.

 

ISSUE:

                Whether or not RA 10951 may be applied retroactively.

 

HELD:

                YES. Anent the proper penalty to be imposed on Dueñas, it is well to stress that pending the final resolution of this case, RA 10951 71 was enacted into law. As may be gleaned from the law's title, it adjusted the value of the property and the amount of damage on which various penalties are based, taking into consideration the present value of money, as opposed to its archaic values when the RPC was enacted in 1932. 72 While it is conceded that Dueñas committed the crime way before the enactment of RA 10951, the newly-enacted law expressly provides for retroactive effect if it is favorable to the accused, 73 as in this case. Section 81 of RA 10951 adjusted the graduated values wherein the penalties for Theft are based. Pertinent portions of which read: Section 81. Article 309 of the same Act is hereby amended to read as follows: "ART. 309. Penalties. — Any person guilty of theft shall be punished by: xxx xxx xxx 3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos (P600,000). xxx xxx xxx Thus, applying the provisions of RA 10951, as well as the Indeterminate Sentence Law, on the fact that the aggregate value of the stolen amount is P310,000.00, and further considering the increase of the aforesaid penalty by two (2) degrees in instances of Qualified Theft pursuant to Article 310 of the RPC and the absence of any mitigating or aggravating circumstances, the Court finds it proper to sentence Dueñas to suffer the penalty of imprisonment for an indeterminate period of four (4) years, two (2) months and one (1) day of prision correccional, as minimum, to nine (9) years, four (4) months and one (1) day of prision mayor, as maximum.