6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. xxxx The minimum of the indeterminate sentence for each count of estafa is fixed within the range of the penalty next lower to that prescribed by Article 315 of the Revised Penal Code,[18] which is prision correccional in its minimum period to prision correccional in its medium period (i.e., six months and one day to four years and two months). The RTC imposed the minimum of four years, nine months, and eleven days of prision correccional, thereby exceeding the legal range for the minimum of the indeterminate sentence. Accordingly, the minimum of the indeterminate sentence is reduced to four years of prision correccional considering the absence of any modifying circumstances. As to the maximum term for each count of estafa under the Indeterminate Sentence Law, the maximum period of the prescribed penalty is first determined, and the incremental penalty of one year of imprisonment for every P10,000.00 in excess of P22,000.00 is then added, provided that the total penalty shall not exceed 20 years. To compute the maximum period of the prescribed penalty, the time included in prision correccional maximum to prision mayor minimum shall be divided into three equal portions, with each portion forming a period.[19] Based on the computation, the maximum period for prision correccional maximum to prision mayor minimum is from six years, eight months, and 21 days to eight years. The incremental penalty, when proper, shall thus be added to anywhere from six years, eight months, and 21 days to eight years, at the discretion of the court. In computing the incremental penalty, the amount defrauded shall be subtracted by P22,000.00, and the difference shall be divided by P10,000.00. Any fraction of a year is disregarded.[20] For the maximum term of the three counts of estafa, the RTC imposed nine years. We note that the RTC ordered the gravest imposable penalty within the range (eight years of prision mayor plus the one-year incremental penalty). However, because neither the RTC nor the CA found the attendance of any modifying circumstance,[21] we reduce the maximum to six years, eight months, and 21 days of prision mayor and add the incremental penalty of one year, or a total of seven years, eight months, and 21 days. Finally, in line with prevailing jurisprudence,[22] the accused-appellants shall pay interest of 6% per annum on the respective amounts due to each of the complainants, reckoned from the finality of this decision until the amounts are fully paid. WHEREFORE, the Court AFFIRMS the decision promulgated on March 18, 2011 IN ALL RESPECTS subject to the following MODIFICATIONS: 1. In Criminal Case No. 2003-173, the accused-appellants shall suffer the penalty of life elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62691 13/16