5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly In Criminal Case No. Q-94-58870, accused-appellant defrauded private complainant Jaylord Balauro in the amount of P8,700.00 (appellant having returned to the latter the amount of P18,300). Hence, the penalty prescribed should be that imposed in paragraph 2 of Art. 315 of the Revised Penal Code, in its medium period. The maximum period ranges from one (1) year, eight (8) months and twenty-one (21) days, to two (2) years, eleven (11) months and ten (10) days. Applying the Indeterminate Sentence Law, the accused-appellant may be sentenced to an indeterminate penalty the minimum of which shall be within the range of the penalty next lower in degree than that prescribed by law, viz., arresto mayor in its medium and maximum periods - two (2) months and one (1) day to six (6) months and the maximum of which shall be the abovementioned imposable penalty. The indeterminate penalty can range, therefore, from six (6) months of arresto mayor, as minimum, to two (2) years and eleven (11) months of prision correccional, as maximum. WHEREFORE, the Decision in Criminal Case Nos. Q-94-58864 to Q-94-58870 is AFFIRMED, except as to the penalties imposed in the three cases which are reduced, as stated below. As modified, accused-appellant AURORA SOLIVEN is thus sentenced in the said cases to suffer, as follows: 1. In Criminal Case No. Q-94-58865, an indeterminate penalty ranging from four (4) years and two (2) months of prision correccional, as minimum, to seven (7) years and four (4) months of prision mayor, as maximum and to indemnify complainant Shirley Velasco in the amount of Twenty Seven Thousand (P27,000.00) Pesos; 2. In Criminal Case No. Q-94-58867, an indeterminate penalty ranging from four (4) years and two (2) months of prision correccional, medium as minimum, to six (6) years and four (4) months of prision mayor, minimum as maximum, and to indemnify complainant Marlon Sotero in the amount of Twenty One Thousand Six Hundred (P21,600.00) Pesos; 3. In Criminal Case No. Q-94-58870, an indeterminate penalty ranging from six (6) months of arresto mayor, as minimum to two (2) years and eleven (11) months of prision correccional, as maximum, and to indemnify complainant Jaylord Balauro in the amount of Eight Thousand Seven Hundred (P8,700.00) Pesos. SO ORDERED. Bellosillo, (Chairman), Mendoza, Quisumbing, and De Leon, Jr., JJ., concur. [1] RTC Decision, Original Records, pp. 414-423. Per Judge Monina A. Zenarosa. [2] Original Records, p. 118. [3] Original Records, p. 127. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52764 12/14