6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Article 315 is composed of only two periods. To compute the maximum period of the indeterminate sentence, the total number of years included in the two periods should be divided into three equal portions, with each portion forming a period. Following this computation, the minimum, medium, and maximum periods of the prescribed penalty are: 1. Minimum Period - 4 years, 2 months and 1 day to 5 years, 5 months and 10 days; 2. Medium Period - 5 years, 5 months and 11 days to 6 years, 8 months and 20 days; 3. Maximum Period - 6 years, 8 months and 21 days to 8 years. Any incremental penalty, i.e. one year for every PI 0,000 in excess of P22,000, shall be added to anywhere from 6 years, 8 months and 21 days to 8 years, at the court's discretion, provided the total penalty does not exceed 20 years.[25] We find that the penalty imposed by the trial court, and affirmed by the appellate court, is not in accord with the penalty prescribed. The trial court erroneously imposed the minimum period of "six months of arresto mayor in its maximum." Hence, we modify the penalty imposed on the five counts of estafa and we delete the moral damages awarded for having no basis in law. Considering the number of victims defrauded, we find that a minimum period of 2 years of prision correccional is appropriate. In Criminal Case No. 02-756, where the amount defrauded is PI5,000, and in the absence of any mitigating or aggravating circumstance, the maximum term shall be taken from the medium period of the penalty prescribed (i.e. 5 years, 5 months and 11 days to 6 years, 8 months and 20 days). Appellant should be sentenced to 2 years of prision correccional as minimum to 6 years and 1 day of prision mayor as maximum. In Criminal Case Nos. 02-757, 02-758, and 02-759, where the amount defrauded is P35,000 each, the maximum period (anywhere from 6 years, 8 months and 21 days to 8 years) shall be imposed, plus the incremental penalty of one year (additional 1 year imprisonment for the PI0,000 in excess of P22,000). We fix the maximum term at 7 years of prision mayor. Adding the incremental penalty of 1 year to the maximum term, appellant should be sentenced in each of these cases to 2 years of prision correccional as minimum to 8 years of prision mayor as maximum. In Criminal Case No. 02-760, where the amount defrauded is P20,000, appellant should be sentenced to 2 years of prision correccional as minimum to 6 years and 1 day of prision mayor as maximum. Furthermore, appellant should indemnify private complainants for the amounts paid to her, with legal interest at the rate of 6% per annum, from the time of demand, which shall be deemed as the same day the Informations were filed against appellant, until the amounts are fully paid.[26] WHEREFORE, we AFFIRM WITH MODIFICATIONS the Decision dated 29 November 2012 of the Court of Appeals in CA-G.R. CR-HC No. 04558 to read as follows: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60550 14/19