6/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
latter sum, the penalty provided in this 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.
The prescribed penalty for estafa under Article 315 of the Revised Penal Code, when
the amount of fraud is over P22,000.00, is prision correccional maximum to prision
mayor minimum, adding one year to the maximum period for each additional
P10,000.00, provided that the total penalty shall not exceed 20 years.
Applying the Indeterminate Sentence Law, we take the minimum term from the penalty
next lower than the minimum prescribed by law, or anywhere within prision
correccional minimum and medium (i.e., from 6 months and 1 day to 4 years and 2
months).[33] Consequently, both the RTC and the Court of Appeals correctly fixed the
minimum term in Criminal Case Nos. 16316-R and 16318-R at 2 years, 11 months, and
10 days of prision correccional; and in Criminal Case No. 16964-R at 4 years and 2
months of prision correccional, since these are within the range of prision correccional
minimum and medium.
As for the maximum term under the Indeterminate Sentence Law, we take the
maximum period of the prescribed penalty, adding 1 year of imprisonment for every
P10,000.00 in excess of P22,000.00, provided that the total penalty shall not exceed 20
years. To compute the maximum period of the prescribed penalty, the time included in
prision correccional maximum to prision mayor minimum shall be divided into three
equal portions, with each portion forming a period. Following this computation, the
maximum period for 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.[34]
In computing the incremental penalty, the amount defrauded shall be substracted by
P22,000.00, and the difference shall be divided by P10,000.00. Any fraction of a year
shall be discarded as was done starting with People v. Pabalan.[35]
In Criminal Case Nos. 16316-R and 16318-R, brothers Jeffries and Howard Golidan
were each defrauded of the amount of P40,000.00, for which the Court of Appeals
sentenced Ocden to an indeterminate penalty of 2 years, 11 months, and 10 days of
prision correccional as minimum, to 9 years of prision mayor as maximum. Upon
review, however, we modify the maximum term of the indeterminate penalty imposed
on Ocden in said criminal cases. Since the amount defrauded exceeds P22,000.00 by
P18,000.00, 1 year shall be added to the maximum period of the prescribed penalty
(anywhere between 6 years, 8 months, and 21 days to 8 years). There being no
aggravating circumstance, we apply the lowest of the maximum period, which is 6
years, 8 months, and 21 days. Adding the one year incremental penalty, the maximum
term of Ocden's indeterminate sentence in these two cases is only 7 years, 8 months,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842
16/19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents