G. R. No. 178337 17 of 21 http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm [55] Twenty-Two Thousand Pesos (P22,000.00). As this Court held in People v. [56] [t]he fact that the amounts involved in the instant case exceed P22,000.00 Gabres, should not be considered in the initial determination of the indeterminate penalty; instead, the matter should be so taken as analogous to modifying circumstances in the imposition of the maximum term of the full indeterminate sentence. [57] And with respect to the computation of the minimum term of the indeterminate sentence, in this case, given that the penalty prescribed by law for the estafa charge against petitioner Ritualo is prision correccional maximum to prision mayor minimum, the penalty next lower would then be prision correccional minimum to medium per Art. 64 in relation to Art. 65, both of the Revised Penal Code. Preceding from the above discussion, thus, the prison term to be imposed upon petitioner Ritualo vis--vis the crime of Estafa is as follows: the minimum term should be anywhere within six (6) months and one (1) day to four (4) years and two (2) months of prision correccional; while the maximum term of the indeterminate sentence should be within the range of six (6) years, eight (8) months and twenty-one (21) days to eight (8) years of prision mayor considering that the amount involved exceeds P22,000.00, plus an added five (5) years, as there are five (5) increments of P10,000.00 over the cap of [58] P22,000.00. Lastly, regarding the award of indemnity due from petitioner Ritualo, both the RTC and Court of Appeals ordered her to pay Biacora the amount of Sixty-Six Thousand Pesos (P66,000.00), instead of the original amount defrauded, which is Eighty Thousand Pesos (P80,000.00), in view of petitioner Ritualos payment of Fourteen Thousand Pesos (P14,000.00). A thorough scrutiny of the record of the case, however, yields the finding that as of the date of revival of the case before the RTC, or on 13 October 2003, only the amount of Twenty-One Thousand Pesos (P21,000.00) remains unpaid. The Motion to Revive Case dated 2 October 2003 filed by the prosecution attached the letter-request of private complainant Biacora, elucidating thus: I, MR. FELIX BIACORA, complainant against MRS. CARMEN RITUALO with Case No. 01-0076-77. This case is temporary (sic) dismissed on May 26, 2003 in Branch 1999 (sic). On May 26, 2003 MRS. CARMEN RITUALO made written promise that she will pay the balance amounting P21,000.00 Twenty Thousand Pesos after 3 months but she failed. 1/28/2016 11:03 AM