PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSELITO DELA CRUZ, ACCUSED-APPELLANT.

Decisions / Signed Resolutions September 1, 2014 FORMER THIRTEENTH DIVISION SADANG, J.:


SADANG, J.:


Accused-appellant Joselito Dela Cruz filed a Motion for Reconsideration, dated September 1, 2014, relative to our Decision, dated August 13, 2014, the dispositive portion of which reads:

WHEREFORE, premises considered, the appeal is DENIED. The Decision dated September 6, 2010 of the Regional Trial Court of Santiago City, Branch 35, in Criminal Case No. 35-5017 finding accused Joselito Dela Cruz guilty beyond reasonable doubt of the crime of estafa under Article 315, paragraph (1), sub-paragraph (b) of the Revised Penal Code, is AFFIRMED with MODIFICATION of the penalty such that accused shall suffer the indeterminate penalty of imprisonment of four (4) years and two (2) months of prision correccional, as minimium, to twenty (20) years, as maximum.

SO ORDERED.

The Office of the Solicitor General filed its Comment,<SUP STYLE=”COLOR: RGB(255, 0, 0);”>[1]</SUP> dated November 21, 2014.

Consideration of the arguments raised in the motion shows that they are a mere rehash or restatements of the arguments which have already been considered and ruled upon in the Decision. There are no arguments of substance or compelling enough to justify a reversal or modification of the Decision.

WHEREFORE, the Motion for Reconsideration is DENIED for lack of merit.

SO ORDERED.

Librea-Leagogo, J., Chairperson, and Diamante, JJ., concur.


<SUP STYLE=”COLOR: RGB(255, 0, 0);”>[1]</SUP> Rollo, pp. 142-145.