pursuant to Article 65, in relation to Article 64, of the Revised Penal Code.
When the amounts involved in the offense exceeds P22,000, the penalty prescribed
in Article 315 of the Revised Penal 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 twenty (20) years.[21]
Accordingly, the following penalties shall be imposed upon accused-appellant:
In Criminal Case No. Q-91-21908 where accused-appellant defrauded Benny
Maligaya in the amount of P35,000.00, one year for the additional amount of
P13,000.00 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. Thus, accused-appellant shall suffer the indeterminate penalty of four
(4) years, and two (2) months of prision correccional medium, as minimum to nine (9)
years of prision mayor as maximum.[22] Accused-appellant shall also pay Benny Maligaya
P35,000.00 by way of actual damages.
In Criminal Case No. Q-91-21909 where accused-appellant defrauded Angeles
Javier in the amount of P20,000.00, accused-appellant shall suffer the indeterminate
penalty of one (1) year, eight (8) months and twenty-one (21) days of prision
correccional minimum to five (5) years, five (5) months and eleven (11) days of prision
correccional maximum. Accused-appellant shall also pay Angeles Javier P20,000.00 by
way of actual damages.
In Criminal Case No. Q-91-21910 where accused-appellant defrauded Leodigario
Maullon in the amount of P30,400.00, accused-appellant shall suffer the indeterminate
penalty of four (4) years and two (2) months of prision correccional medium, as
minimum to eight (8) years ofprision mayor, as maximum.[23] Accused-appellant shall
also pay Leodigario Maullon P30,400.00 by way of actual damages.
In addition, for the crime of illegal recruitment in large scale (Criminal Case No. Q91-21911) and pursuant to Article 39 (a) of the Labor Code, accused-appellant shall
suffer the penalty of life imprisonment and a fine of One Hundred Thousand Pesos
(P100,000.00).
WHEREFORE, the March 6, 1996 Decision of the trial court finding accusedappellant guilty beyond reasonable doubt of the crime of illegal recruitment in large
scale and estafa is hereby AFFIRMED subject to the following modifications:
In Criminal Case No. Q-91-21908 where accused-appellant defrauded Benny
Maligaya in the amount of P35,000.00, one year for the additional amount of
P13,000.00 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. Thus, accused-appellant shall suffer the indeterminate penalty of four
(4) years, and two (2) months of prision correccional medium, as minimum to nine
(9) years of prision mayor as maximum. Accused-appellant shall also pay Benny
Maligaya P35,000.00 by way of actual damages.
In Criminal Case No. Q-91-21909 where accused-appellant defrauded Angeles
Javier in the amount of P20,000.00, accused-appellant shall suffer the indeterminate