6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly uncorroborated feigning of innocence. The total evidence presented by both parties is asymmetrical, with the prosecution's submissions indubitably demonstrating accusedappellant Bautista's guilt. As for the penalties, the Court notes that those imposed by the trial court for the conviction on the counts of estafa are accordingly modified and adjusted pursuant to R.A. 10951,[49]which amended the RPC and adjusted the amounts or values of the property or damage on which penalties for certain crimes were based. Particularly, pertaining to the threshold amounts relevant to the charges against accused-appellant Bautista for which he was convicted (P50,000.00, P151,000.00, and P115,000.00, respectively), R.A. 10951 provides under Section 85 thereof the amendments to the penalties imposed for the crime of estafa, to wit: "Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned herein below shall be punished by: xxxx "3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000). xxxx Correspondingly, the penalties imposed on accused-appellant Bautista for the charges of estafa should be adjusted in consonance therewith, pursuant in particular to Section 100 of the same statute which provides its retroactive effect to the extent favorable to the accused. As amended, the prescribed penalty for estafa, where the amount is over P40,000.00 but does not exceed P1,200,000.00 is arresto mayor in its maximum period to prision correctional in its minimum period, ranging from four months and one day to two years and four months. Applying the Indeterminate Sentence Law, there being no modifying circumstance, the maximum term of the penalty should be anywhere within the medium period of the prescribed penalty, which is one year and one day to one year, eight months.' And the minimum term should be one degree lower from the prescribed penalty, which is arresto mayor in its minimum and medium periods, ranging from one month and one day to four months. Under R.A. 10951 therefore, accused-appellant Bautista is liable to suffer the indeterminate penalty of imprisonment ranging from one month and one day of arresto mayor as minimum, to one year and one day to one year and eight months of prision correctional as maximum, for each count of estafa found against him. Finally, the Court modifies the amount of interest in accordance with the Court's ruling in Nacar v. Gallery Frames?[50] The indemnity accused-appellant Bautista is due to pay each of the private complainants shall earn legal interest at the rate of 12% per annum https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66754 16/20