5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly procedure, the maximum period of prision correccional maximum to prision mayor minimum is from 6 years, 8 months and 21 days to 8 years. The incremental penalty, when proper, shall thus be added to anywhere from 6 years, 8 months and 21 days to 8 years, at the discretion of the court. In computing the incremental penalty, jurisprudence tells us that the amount defrauded should be subtracted by P22,000.00, and the difference shall be divided by P10,000.00. Any fraction of a year shall be discarded. Accordingly, the imposable penalty should be as follows: In Criminal Case No. MC03-6279, where the amount defrauded was P45,800.00, the appellant should be sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to 8 years, 8 months and 21 days of prision mayor, as maximum. Since the amount defrauded exceeds P22,000.00 by P23,800.00, 2 years shall be added to the maximum period of the prescribed penalty. In Criminal Case No. MC03-6280, where the amount defrauded was P29,550.00, the appellant should be sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to 6 years, 8 months and 21 days of prision mayor, as maximum. In Criminal Case No. MC03-6281, where the amount defrauded was P29,550.00, the appellant should be sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to 6 years, 8 months and 21 days of prision mayor, as maximum. In Criminal Case No. MC03-6282, where the amount defrauded was P30,500.00, the appellant should be sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to 6 years, 8 months and 21 days of prision mayor, as maximum. In Criminal Case No. MC03-6283, where the amount defrauded was P35,000.00, the appellant should be sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to 7 years, 8 months and 21 days or prision mayor, as maximum. Since the amount defrauded exceeds P22,000.00 by P13,000.00, 1 year shall be added to the maximum period of the prescribed penalty. WHEREFORE, premises considered, the assailed decision of the Court of Appeals dated April 6, 2011 in CA-G.R. CR-HC No. 03313 is hereby AFFIRMED with the following MODIFICATIONS: (1) In Criminal Case No. MC03-6279, the appellant is sentenced to indeterminate penalty of four (4) years and two (2) months correccional, as minimum, to 8 years, 8 months and 21 days mayor, as maximum. (2) In Criminal Case No. MC03-6280, the appellant is sentenced to indeterminate penalty of four (4) years and two (2) months correccional, as minimum, to 6 years, 8 months and 21 days mayor, as maximum. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57046 suffer the of prision of prision suffer the of prision of prision 4/5