4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly (1) day to four (4) years and two (2) months of prision correccional. The maximum of the indeterminate sentence in the absence of any modifying circumstance, shall be within the range of the medium period of the penalty prescribed by law, which is five (5) years, five (5) months, and eleven (11) days of prision correccional to six (6) years, eight (8) months and twenty (20) days of prision mayor. In Criminal Case No. 13999-R, the amount defrauded was P40,000.00. Applying the Indeterminate Sentence Law, the minimum of the penalty next lower in degree to the prescribed penalty is prision correccional in its minimum and medium periods. Thus, the minimum of the indeterminate sentence is anywhere within six (6) months and one (1) day to four (4) years and two (2) months of prision correccional. There are no modifying circumstances attendant; however, as the amount involved exceeds P22,000.00, the prescribed penalty shall be imposed in the maximum period as provided in Article 315 of the Revised Penal Code, adding one year for every additional P10,000.00, provided the total penalty shall not exceed twenty (20) years of reclusion temporal.[29] The one-year period shall be added to the maximum period of the prescribed penalty, which is from six (6) years, eight (8) months, twenty-one (21) days to eight (8) years of prision mayor, making a total of from seven (7) years, eight (8) months and twenty-one (21) days to nine (9) years of prision mayor. The maximum term of the indeterminate sentence shall be fixed anywhere within the aforesaid period. Thus, the maximum term that the lower court imposed is, therefore, correct. With respect to Criminal Case No. 13997-R for illegal recruitment in large scale, the trial court correctly imposed the penalty of life imprisonment and a fine of one hundred thousand (P100,000.00) pesos. WHEREFORE, the Court AFFIRMS the decision of the Regional Trial Court, Baguio City, Branch 6, convicting accused-appellant Nellie Cabais y Gamuelan of illegal recruitment in a large scale by a syndicate, and sentencing her to life imprisonment and to pay a fine of one hundred thousand (P100,000.00) pesos, and costs; in Criminal Case No. 13999-R, sentencing her to an indeterminate penalty of six (6) months and one (1) day of prision correccional, as minimum, to seven (7) years, eight (8) months and twenty one (21) days of prision mayor, as maximum, and to indemnify the offended party Joan Merante, in the amount of P40,000.00 as actual damages, and costs; and in Criminal Case No. 14000-R, sentencing her to an indeterminate penalty of six (6) months and one (1) day of prision correccional, as minimum, to six (6) years, eight (8) months and twenty (20) days of prision mayor, as maximum, and to indemnify the offended party, Nancy Oidi, in the amount of P21,000.00 as actual damages, and costs. SO ORDERED. Davide, Jr., C.J., Puno, Kapunan, and Ynares-Santiago, JJ., concur. [1] Violation of Article 38 (a) in relation to Article 13 (b), 16, 34, and 39 (c) of P. D. 442, as amended by P. D. 1920 and P. D. 2018, Labor Code of the Philippines. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50735 8/10