4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly For the maximum term under the ISL, we take the maximum period of the prescribed penalty, adding one 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. In computing the incremental penalty, the amount defrauded shall be subtracted by P22,000.00, the difference shall be divided by P10,000.00, and any fraction of a year is discarded.[7] Upon review, we modify the maximum term of the indeterminate sentence imposed on the appellant in Criminal Case Nos. 19288-R to 19291-R. In Criminal Case No. 19288-R, since the amount defrauded of P63,500.00 exceeds P22,000.00 by P41,500.00, 4 years shall be added to the maximum period of the prescribed penalty (anywhere between 6 years, 8 months, and 21 days to 8 years). In the absence of any aggravating circumstance, we add the 4 years of incremental penalty to the lowest of the maximum period, which is 6 years, 8 months and 21 days. The maximum term, therefore, of the appellant's indeterminate sentence in Criminal Case No. 19288-R is only 10 years, 8 months and 21 days of prision mayor. In Criminal Case No. 19289-R, since the amount defrauded of P75,000.00 exceeds P22,000.00 by P53,000.00, 5 years shall be added to the maximum period of the prescribed penalty (anywhere between 6 years, 8 months and 21 days to 8 years). In the absence of any aggravating circumstance, we add the 5 years of incremental penalty to the lowest of the maximum period, which is 6 years, 8 months and 21 days. The maximum term, therefore, of the appellant's indeterminate sentence in Criminal Case No. 19289-R is only 11 years, 8 months and 21 days of prision mayor. In Criminal Case Nos. 19290-R and 19291-R, since each of the amounts defrauded of P70,000.00 exceeds P22,000.00 by P48,000.00, 4 years shall be added to the maximum period of the prescribed penalty (anywhere between 6 years, 8 months and 21 days to 8 years) in each case. In the absence of any aggravating circumstance in these cases, we add the 4 years of incremental penalty to the lowest of the maximum period, which is 6 years, 8 months and 21 days. The maximum term, therefore, of the appellant's indeterminate sentence in Criminal Case Nos. 19290-R and 19291-R is only 10 years, 8 months and 21 days of prision mayor. WHEREFORE, the July 21, 2008 decision of the Court of Appeals in CA-G.R. H.C. CR No. 02206 is hereby AFFIRMED with MODIFICATION. Appellant Nestor Tuguinay is found guilty beyond reasonable doubt of illegal recruitment in large scale in Criminal Case No. 19287-R and is sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00. He is likewise found guilty beyond reasonable doubt of four counts of estafa and sentenced to an indeterminate penalty of 4 years and 2 months of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/33155 3/4