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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 P12,000 but not exceeding P22,000, is prision correccional
maximum to prision mayor minimum (i.e., from 4 years, 2 months, and 1 day to 8
years). Under the Indeterminate Sentence Law, the minimum term shall be within the
range of the penalty next lower to that prescribed by the Revised Penal Code, or
anywhere within prision correccional minimum and medium (i.e., from 6 months and 1
day to 4 years and 2 months).[19]
The maximum term under the Indeterminate Sentence Law shall be that which, in view
of attending circumstances, could be properly imposed under the rules of the Revised
Penal Code. To compute the minimum, medium, and maximum periods of the
prescribed penalty for estafa when the amount of fraud exceeds P12,000, 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 minimum period for prision correccional maximum to prision mayor
minimum is from 4 years, 2 months and 1 day to 5 years, 5 months and 10 days; the
medium period is from 5 years, 5 months and 11 days to 6 years, 8 months and 20
days; and the maximum period is from 6 years, 8 months and 21 days to 8 years. Any
incremental penalty (i.e., one year for every P10,000 in excess of P22,000) shall thus
be added to anywhere from 6 years, 8 months and 21 days to 8 years, at the discretion
of the court, provided that the total penalty does not exceed 20 years.[20]
Based on the foregoing discussion, the RTC and the CA correctly sentenced appellant to
suffer an indeterminate penalty of 4 years and 2 months of prision correccional as
minimum to 15 years of reclusion temporal as maximum in Criminal Case No. 02199406. The CA was also correct in imposing an indeterminate penalty of 6 months and
1 day of prision correccional as minimum to 10 years of prision mayor as maximum in
Criminal Case No. 02-199404.
Interest at the rate of 6% per annum shall also be paid by appellant to Bunuan and
Cantor, Jr. from the time the Informations (February 8, 2002) were filed until the
amounts paid by them are fully paid.[21]
WHEREFORE, we DISMISS the appeal. We AFFIRM with MODIFICATIONS the
Decision dated June 25, 2012 of the Court of Appeals in CA-G.R. CR.-H.C. No. 04762 to
read as follows:
1. In Criminal Case No. 02-199399, appellant Suzette Arnaiz a.k.a. "Baby Rosal" is
found guilty beyond reasonable doubt of the crime of illegal recruitment in large
scale and is hereby sentenced to suffer the penalty of life imprisonment and to
pay a fine of P500,000.
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