with the rule that penal laws should be construed in favor of the accused. Since the
penalty prescribed by law for the estafa charge against accused-appellant is prision
correccional maximum to prision mayor minimum, the penalty next lower would then
be prision correccional minimum to medium. Thus, the minimum term of the
indeterminate sentence should be anywhere within six (6) months and one (1) day to
four (4) years and two (2) months x x x."lxvi[66]
The Court reiterates the above rule; however, in fixing the maximum term, the prescribed penalty
of prision correccional maximum period to prision mayor minimum period should be divided
into "three equal portions of time," each of which portion shall be deemed to form one period;
hence Minimum Period
Medium Period
From 4 years, 2 months
and 1 day to 5 years,
5 months and 10 days
From 5 years, 5 months
and 11 days to 6 years,
8 months and 20 days -
Maximum Period
From 6 years, 8 months
and 21 days to 8 years
in consonance with Article 65,lxvii[67] in relation to Article 64,lxviii[68] of the Revised Penal Code.
When the amount involved in the offense exceeds P22,000.00, the penalty prescribed in Article
315 of the Code "shall be imposed in its maximum period," adding one year for each additional
P10,000.00 although the total penalty which may be imposed shall not exceed 20 years. The
maximum penalty should then be termed as prision mayor or reclusion temporal as the case may
be. In fine, the one year period, whenever applicable, shall be added to the maximum period of
the principal penalty of anywhere from 6 years, 8 months and 21 days to 8 years.
Accordingly, with respect to the cases of estafa filed by the complainants who individually
charged appellant with illegal recruitment, the applicable penalties would, respectively, be, as
follows:
In Criminal Case No. 92-CR-1397 where appellant defrauded Francisco T. Labadchan in the
amount of P45,000.00, two years for the additional amount of P23,000.00 in excess of
P22,000.00 provided for in Article 315 shall be added to the maximum period of the prescribed
penalty of prision correccional maximum to prision mayor minimum (or added to anywhere
from 6 years, 8 months and 21 days to 8 years). As such, aside from paying Labadchan the
amount of P45,000.00 by way of actual damages, the Court deems it proper to sentence appellant
to the indeterminate penalty of three (3) years, six (6) months and twenty-one (21) days of
prision correccional medium to eight (8) years, eight (8) months and twenty-one (21) days of
prision mayor medium.
In Criminal Case No. 92-CR-1414, appellant defrauded Victoria Asil in the amount of
P15,000.00. Hence, aside from paying Victoria Asil the amount of P15,000.00 by way of actual
damages, appellant shall also suffer the indeterminate penalty of one (1) year, eight (8) months
and twenty-one (21) days of prision correccional medium to five (5) years, five (5) months and
eleven (11) days of prision correccional maximum.
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