6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Aggrieved by the above decision, Ocden filed with the RTC a Notice of Appeal on August 15, 2001.[15] The RTC erroneously sent the records of the cases to the Court of Appeals, which, in turn, correctly forwarded the said records to us. In our Resolution[16] dated May 6, 2002, we accepted the appeal and required the parties to file their respective briefs. In the same resolution, we directed the Superintendent of the Correctional Institute for Women to confirm Ocden's detention thereat. Ocden filed her Appellant's Brief on August 15, 2003,[17] while the People, through the Office of the Solicitor General, filed its Appellee's Brief on January 5, 2004.[18] Pursuant to our ruling in People v. Mateo,[19] we transferred Ocden's appeal to the Court of Appeals. On April 21, 2006, the appellate court promulgated its Decision, affirming Ocden's conviction but modifying the penalties imposed upon her for the three counts of estafa, viz: [T]he trial court erred in the imposition of accused-appellant's penalty. Pursuant to Article 315 of the RPC, the penalty for estafa is prision correccional in its maximum period to prision mayor in its minimum period. If the amount of the fraud exceeds P22,000.00, the penalty provided shall be imposed in its maximum period (6 years, 8 months and 21 days to 8 years), adding 1 year for each additional P10,000.00; but the total penalty which may be imposed shall not exceed 20 years. Criminal Case Nos. 16316-R and 16318-R involve the amount of P40,000.00 each. Considering that P18,000.00 is the excess amount, only 1 year should be added to the penalty in its maximum period or 9 years. Also, in Criminal Case No. 16964-R, the amount involved is P70,000.00. Thus, the excess amount is P48,000.00 and only 4 years should be added to the penalty in its maximum period. WHEREFORE, the instant appeal is DISMISSED. The assailed Decision, dated 02 July 2001, of the Regional Trial Court (RTC) of Baguio City, Branch 60 is hereby AFFIRMED with the following MODIFICATIONS: 1. In Criminal Case No. 16316-R, accused-appellant is sentenced to 2 years, 11 months, and 10 days of prision correccional, as minimum to 9 years of prision mayor, as maximum and to indemnify Jeffries Golidan the amount of P40,000.00; 2. In Criminal Case No. 16318-R, accused-appellant is sentenced to 2 years, 11 months, and 10 days of prision correccional, as minimum to 9 years of prision mayor, as maximum and to indemnify Howard elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842 7/19

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