Judith Ortega Vs. People of the Philippines G.R. No. 177944. December 24, 2008

Judith Ortega Vs. People of the Philippines G.R. No. 177944, December 24, 2008

Chico-Nazario

Issues
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE DECISION OF THE REGIONAL TRIAL COURT INSPITE OF THE FACT THAT THE EVIDENCE ON RECORD COULD NOT SUPPORT CONVICTION.

Inasmuch as the amount of P27,450.00 is more than the benchmark of P22,000.00 provided under Article 315 of the Revised Penal Code, the maximum period of prision mayor minimum (6 years, 8 months and 21 days to 8 years) is applicable. Applying the Indeterminate Sentence Law, the minimum penalty is prision correccional in its minimum and medium periods, in any of its periods, the range of which is from six (6) months and one (1) day to four (4) years and two (2) months, which is the penalty next lower in degree than the basic penalty. The period of 1 year 8 months and 21 days of prision correccional, the minimum period imposed, is within this range.

Ortega bewails the penalty of eight (8) years, claiming it is simply too harsh, considering the amount involved. Ortega pleads that this penalty will make her ineligible for probation and will have the effect of having her ten (10) children, the youngest being only three (3) years old, orphaned.

We are aware of Ortega's extreme predicament, but this Court has no alternative but to apply the law. As harsh and as painful its effects may be, dura lex, sed lex. The law is harsh, but it is the law.

Decision
WHEREFORE, premises considered, the petition for review is hereby DENIED. The Decision of the Court of Appeals in CA-G.R. 00241, which sustained the conviction of accused-appellant Judith P. Ortega for the crime of Estafa in Criminal Case No. CBU-53833, is hereby AFFIRMED.