The trial court correctly found accused-appellant guilty of the crimes of illegal recruitment in
large scale and of estafa. However, the penalty imposed in the case for estafa needs to be
modified.
Art. 315 of the Revised Penal Code, in part, provides:
ART. 315. Swindling (estafa). Any person who shall defraud another by any of the means
mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if
such amount exceeds the 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 case, 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;
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of
the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if such amount is over 200 pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed 200
pesos, provided that in the four cases mentioned, the fraud be committed by any of the following
means.
In accordance with the ruling in People v. Gabres,xliv[44] the minimum penalty should be
reduced to four (4) years and two (2) months of prision correccional (the maximum of the
minimum term of the indeterminate sentence), while the maximum penalty should be eight (8)
years of prision mayor plus a period of two (2) years (one (1) year for each additional P10,000)
or a total maximum period of ten (10) years of prision mayor.
WHEREFORE, the decision appealed from is AFFIRMED with the MODIFICATION that in
Criminal Case No. 92-105276, accused-appellant is sentenced to an indeterminate prison term of
four (4) years and two (2) months of prision correccional, as minimum, to ten (10) years of
prision mayor, as maximum.
SO ORDERED.
Bellosillo (Chairman), Puno, Quisumbing, and Buena, JJ., concur.
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