G.R. No. 109595 - CRISTETA CHUA-BURCE, VS. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is prayed that the foregoing pre-trial agreement be admitted in compliance with the Order of this Court dated April 19, 1988. RESPECTFULLY SUBMITTED. Calapan, Oriental Mindoro, August 20, 1990. CRISTETA CHUA-BURCE (sgd.) Accused Assisted By: RODRIGO C. DIMAYACYAC (sgd.) Defense Counsel San Vicente, Calapan Oriental Mindoro IBP O.R. No. 292575 May 11, 1990 Quezon City With Conformity: EMMANUEL S. PANALIGAN (sgd.) Prosecuting Fiscal Pursuant to the pre-trial agreement, the public prosecutor filed a Motion to Adopt Evidence. [9] Both the pre-trial agreement and said Motion were granted by the trial court. [10] On March 18, 1991, the trial court rendered a consolidated decision [11] finding petitioner (a) guilty of estafa under Article 315 (1) (b) of the Revised Penal Code in the criminal case, and (b) liable for the amount of P150,000.00 in the civil case. The dispositive portion of decision provides - - In Criminal Case No. C-2313 - WHEREFORE, the Court hereby finds the accused Cristeta Chua-Burce guilty beyond reasonable doubt of the crime of Estafa, punishable under Art. 315, paragraph 1 (b) of the Revised Penal Code, which imposes a penalty of prision correccional in its maximum period to prision mayor in its minimum period but considering that the amount involved exceeds P22,000.00, the penalty provided for shall be imposed in its maximum period, adding one year for each additional P10,000.00, but the total amount not to exceed twenty years. Applying the Indeterminate Sentence Law, the imposable penalty shall be one degree lower as minimum of arresto mayor with a penalty range of One Month and One Day to Six Months, as minimum to prision mayor in its maximum period, as maximum, or a penalty of Six years to Twelve Years. Considering the mitigating circumstance of voluntary surrender, the court hereby imposes upon the accused to suffer imprisonment from SIX (6) MONTHS of arresto mayor in its maximum period, as minimum, to EIGHT (8) YEARS of prision mayor , in its minimum period, as maximum. The civil liability shall not be imposed in this case due to a separate civil action. - In Civil Case No. R-3733 - WHEREFORE, judgment is hereby rendered in favor of the plaintiff Metrobank, ordering defendants Cristeta Chua-Burce and Antonio Burce, spouses, to pay Metrobank the amount of P150,000.00 representing the amount misappropriated with the legal rate of six percent (6%) per annum from August 15, 1985 until fully paid and to pay the costs of suit. SO ORDERED.