5/19/2021
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143743, 143744, 1434745, 143747 are P66,550.00, P65,500.00, P217,000.00,
P45,000.00 and P45,000.00, respectively, the indeterminate penalty for each count of
Estafa should be modified to a prison term of one (1) month and one (1) day of arresto
mayor, as minimum, to one (1) year and eight (8) months of prision correccional, as
maximum.
WHEREFORE, the appeal is DISMISSED. The Decision dated January 16, 2017 of the
Court of Appeals in CA-G.R. CR-HC No. 07816 is AFFIRMED with MODIFICATION in
that, for each count of Estafa under paragraph 2(a), Article 315 of the Revised Penal
Code in Criminal Case Nos. 143742, 143743, 143744, 143745, 143747, accusedappellant Lucille M. David is sentenced to suffer the indeterminate penalty of
imprisonment ranging from one (1) month and one (1) day of arresto mayor, as
minimum, to one (1) year and eight (8) months of prision correccional, as maximum.
SO ORDERED.
Perlas-Bernabe, Senior Associate Justice, (Chairperson), Caguioa,* Delos Santos, and
Gaerlan,** JJ., concur.
* Designated additional Member per Raffle dated July 3, 2019.
** Designated additional Member as per Special Order No. 2780 dated May 11, 2020.
[1] See Notice of Appeal dated February 6, 2017, rollo, pp. 20-21.
[2] Id. at 2-19; penned by Associate Justice Jose C. Reyes, Jr. (now a member of the
Court) with Associate Justices Stephen C. Cruz and Ramon Paul L. Hernando (now a
member of the Court), concurring.
[3] CA rollo, pp. 33-47; penned by Presiding Judge Rowena De Juan-Quinagoran.
[4] Records, pp. 1-3.
[5] Id. at 1-2.
[6] Id. at 84-86.
[7] Id. at 84-85.
[8] Rollo, pp. 3-4.
[9] Id. at 4.
[10] Id.
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