In imposing a prison sentence for an offense punished by the Revised Penal Code, the Indeterminate
Sentence Law requires courts to impose upon the accused an indeterminate sentence. [65] The maximum
term thereof shall be that which, in view of the attending circumstances, could be properly imposed under
the rules of the said Code.[66] In this case, such maximum term is within the period of 8 years, 8 months and
21 days to 10 years of prision mayor.
On the other hand, the minimum term shall be within the range of the penalty next lower to that
prescribed by the Code for the offense.[67] The penalty next lower to that prescribed by Article 315 is prision
correccional in its minimum period (6 months, 1 day to 2 years and 4 months) to prision correccional in its
medium period (2 years, 4 months and 1 day to 4 years and 2 months).
Thus, the Court sentences appellant, for the crime of estafa committed against private complainant
Cabus, to a minimum period of four (4) years of prision correccional to a maximum period of nine (9) years
of prision mayor.
In Criminal Case No. 92-108912, appellant was charged and proven to have defrauded private
complainant Perlas in the amount of P17,000.00. Thus, the penalty prescribed shall be imposed in its
medium period, or 5 years, 5 months, 11 days to 6 years, 8 months, 20 days, as the amount defrauded
does not exceed P22,000.00 and as no aggravating or mitigating circumstances are present. From this
period shall be taken the maximum term for purposes of the Indeterminate Sentence Law.
As in the case of the estafa committed against Cabus, the minimum shall be within the range of prision
correccional in its minimum period to prision correccional in its medium period.
Accordingly, the Court sentences appellant, for the estafa committed against private complainant
Perlas, to a minimum period of four (4) years of prision correccional to a maximum period of seven (7)
years of prision mayor.
WHEREFORE, the decision of the court a quo finding appellant Ramon Samson Dujua guilty beyond
reasonable doubt of Illegal Recruitment in Large Scale and Estafa is AFFIRMED with the following
modifications:
In Criminal Case No. 92-108912 for estafa involving private complainant Roberto Perlas, the Court
sentences appellant Ramon Samson Dujua to suffer a minimum period of four (4) years of prision
correccional to a maximum period of seven (7) years of prision mayor.
In Criminal Case No. 92-108920, for estafa, involving private complainant Jaime Cabus, the Court
sentences appellant Ramon Samson Dujua to suffer a minimum period of four (4) years of prision
correccional to a maximum period of nine (9) years of prision mayor.
SO ORDERED.
Puno, (Chairman), Quisumbing, Austria-Martinez, and Callejo, Sr., JJ., concur.
[1]
Records, p. 2.
[2]
Id., at 44.
[3]
Id., at 100.
[4]
TSN, February 17, 1998, pp. 3-5.