DISPOSITIVE:

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.

ACCORDINGLY, the Petition for Certiorari is GRANTED.

SUBJECTS/DOCTRINES/DIGEST:

In the case of Abalos,7 9 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.

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