G.R. No. 179907 http://sc.judiciary.gov.ph/jurisprudence/2009/feb2009/179907.htm paragraph 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. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. As the amount involved is P75,000.00 which exceeds P22,000.00, the penalty should be imposed in its maximum period which is six (6) years, eight (8) months and twenty-one (21) days to eight (8) years adding one year for every additional P10,000.00, provided the total penalty does not exceed 20 years. Hence, since the amount of the fraud exceeds P22,000.00 by P53,000.00, then a total of five (5) years should be added to the abovestated maximum period. Applying the Indeterminate Sentence Law, the maximum term of the indeterminate penalty shall be that which could be properly imposed under the RPC as discussed above. On the other hand, the minimum term of the indeterminate sentence should be within the range of the penalty next lower in degree than that prescribed by the Code, which is prision correccional in its minimum and medium periods ranging from six (6) months and one (1) day to four (4) years and two (2) months. Accordingly, in Criminal Case No. 03-215332, the CA correctly imposed the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eleven (11) years, eight (8) months and twenty-one (21) days of prision mayor, as maximum. WHEREFORE, premises considered, the petition is DENIED for lack of merit. The Decision of the Court of Appeals dated June 28, 2007 and its Resolution dated September 12, 2007, in CA-G.R. CR No. 29898, are AFFIRMED. SO ORDERED. ANTONIO EDUARDO B. NACHURA Associate Justice WE CONCUR: 5 of 7 1/25/2016 2:35 PM