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IN RE: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951 In Relation to Hernan v. Sandiganbayan

IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO REPUBLIC ACT NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN EMALYN MONTILLANO y BASIG, Petitioner. Present: CARPIO, J., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, LEONEN, JARDELEZA, CAGUIOA, TIJAM, A. REYES, JR., GESMUNDO, and J. REYES, JR., JJ.

G.R. No. 240563 | 2018-08-14

Republic of the Philippines
Supreme Court
Manila
 
EN BANC
 
RESOLUTION

TIJAM, J.:

Before Us is a Petition for Release, 1 praying for the modification of the penalty imposed by the Regional Trial Court (RTC) of Muntinlupa City, Branch 204 in Criminal Case No. 16-782, and consequently, for the immediate release of Emalyn Montillano y Basig (petitioner) pursuant to the provisions of Republic Act (R.A.) No. 10951, 2 and this Court's ruling in Hernan v. Sandiganbayan. 3
 
The Facts

In the said RTC Judgment4 dated June 15, 2017, petitioner was convicted of the crime of Simple Theft and thus, sentenced as follows:
 
WHEREFORE, finding...