G.R. No. 179934
10 of 14
http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/179934.htm
mayor.
Under the Indeterminate Sentence Law, the maximum term of the prison sentence shall be
that which, in view of the attending circumstances, could be properly imposed.
On the other hand, the minimum term shall be within the range of the penalty next lower to
that prescribed by the Revised Penal Code for the crime. 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). From this, the minimum term of the indeterminate sentence
[26]
shall be taken.
Accordingly, in Criminal Case No. V-0654 (for estafa involving P14,000), Abordo is
sentenced to an indeterminate penalty of 6 months and 1 day of prision correccional, as
minimum, to 5 years, 5 months and 11 days of prision correccional, as maximum. Abordo
should also refund to Rayray the amount of P14,000 with legal interest from the filing of
the information until this amount is fully paid.
In Criminal Case No. V-0767 (for estafa involving P45,000), Abordo and Cabanlong are
sentenced to an indeterminate penalty of 6 months and 1 day of prision correccional, as
minimum, to 10 years of prision mayor, as maximum. The accused should also refund to
Jaime the amount of P45,000 with legal interest from the filing of the information until this
amount is fully paid.
In Criminal Case No. V-0769 (for estafa involving P39,000), Abordo and Cabanlong are
sentenced to an indeterminate penalty of 6 months and 1 day of prision correccional, as
minimum, to 9 years of prision mayor, as maximum. The accused should also refund to
Mendoza the amount of P39,000 with legal interest from the filing of the information until
this amount is fully paid.
In Criminal Case No. V-0772 (for estafa involving P15,000), Abordo and Cabanlong are
sentenced to an indeterminate penalty of 6 months and 1 day of prision correccional, as
minimum, to 5 years, 5 months and 11 days of prision correccional, as maximum. The
accused should also refund to Cario the amount of P15,000 with legal interest from the
filing of the information until this amount is fully paid.
1/28/2016 10:08 AM