G.R. No. 179934 9 of 14 http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/179934.htm proved beyond reasonable doubt that the accused committed estafa under Article 315, 2(a) of the Revised Penal Code, which states: 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. The prosecution established that in falsely pretending to possess power to deploy persons for overseas employment, the accused deceived the complainants into believing that they would provide them overseas work. Their assurances made complainants pay the placement fees required in exchange for the promised jobs. The elements of deceit and damage for this form of estafa are indisputably present; hence, the conviction for estafa in Criminal Case Nos. V-0654 (against Abordo), V-0767, V-0769, and V-0772 (against Abordo and Cabanlong) should be affirmed. Under Article 315 of the Revised Penal Code, estafa is punished by the penalty of prision correccional in its maximum period (4 years, 2 months and 1 day to 6 years) to prision mayor in its minimum period (6 years and 1 day to 8 years), if the amount of the fraud is over 12,000 but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty x x x shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. x x x. The penalty prescribed for estafa is composed of only two, not three, periods. In such a case, Article 65 of the Revised Penal Code requires the division into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions. Therefore, the maximum, medium, and minimum periods of the penalty prescribed are: Minimum - 4 years, 2 months, 1 day to 5 years, 5 months, 10 days Medium - 5 years, 5 months, 11 days to 6 years, 8 months, 20 days [25] Maximum - 6 years, 8 months, 21 days to 8 years If the amount defrauded does not exceed P22,000 and there is no aggravating or mitigating circumstance, the penalty prescribed shall be imposed in its medium period, or 5 years, 5 months and 11 days of prision correccional to 6 years, 8 months and 20 days of prision 1/28/2016 10:08 AM