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The maximum term, on the other hand, shall be that which could be properly imposed
under the rules of the RPC, which in this case shall be 6 years, 8 months and 21 days
to 8 years. The incremental penalty, therefore, shall be added to the maximum period
of the prescribed penalty, which is anywhere between 6 years, 8 months and 21 days
to 8 years.[29] Thus, in Criminal Case No. MC05-9048, the amount defrauded is
P83,500.00 which is P61,500.00 more than P22,000.00. Six years shall be added to 6
years, 8 months and 21 days making the maximum term of the indeterminate sentence
to 12 years, 8 months and 21 days. Applying the same computation to the other cases,
the following shall be the maximum terms of the indeterminate penalties:
Case Number
Amount Defrauded in Maximum Term of the
excess of P22,000.00 Indeterminate Penalty
Criminal Case No. MC05- P61,500.00
9048
12 years, 8 months, 21
days
Criminal Case No. MC05- P27,500.00
9049
8 years, 8 months, 21 days
Criminal Case No. MC05- P42,000.00
9050
10 years, 8 months, 21
days
Criminal Case No. MC05- P35,500.00
9051
9 years, 8 months, 21 days
Criminal Case No. MC05- P61,500.00
9052
12 years, 8 months, 21
days
The CA, thus, imposed the correct maximum term of the indeterminate penalties.
WHEREFORE, premises considered, the appeal is hereby DISMISSED. The Court of
Appeals Decision dated June 3, 2011 in CA-G.R. CR-HC No. 03687 is AFFIRMED with
MODIFICATION to read as follows:
1. In Criminal Case No. MC04-8838, the Court finds appellant Mildred M. Salvatierra
GUILTY beyond reasonable doubt of the crime of Illegal Recruitment committed
in large scale. She is hereby sentenced to suffer the penalty of life imprisonment
and to pay a fine of P500,000.00.
2. In Criminal Case No. MC05-9048, the Court finds appellant Mildred M. Salvatierra
GUILTY beyond reasonable doubt of the crime of estafa and sentences her to an
indeterminate penalty of 4 years and 2 months of prision correccional, as
minimum, to 12 years, 8 months, 21 days of reclusion temporal, as maximum,
and to indemnify Ruzzel Crisostomo the amount of P83,500.00.
3. In Criminal Case No. MC05-9049, the Court finds appellant Mildred M. Salvatierra
GUILTY beyond reasonable doubt of the crime of estafa and sentences her to an
indeterminate penalty of 4 years and 2 months of prision correccional, as
minimum, to 8 years, 8 months, 21 days of prision mayor, as maximum, and to
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