5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly this enticement, the victims parted with their money in varying amounts as placement fees to appellant. Consequently, the victims suffered damages as the promised employment abroad never materialized and the money they parted were never recovered.[26] Now on the appropriate penalties. As the crime was committed in large scale, it is an offense involving economic sabotage and is punishable by life imprisonment and a fine of not less than P500,000.00 nor more than P1,000,000.00. The CA thus aptly imposed the penalty of life imprisonment and a fine of P500,000.00. The prescribed penalty correccional maximum to P12,000.00 but does not penalty shall be imposed for estafa under Article 315[27] of the RPC, is prision prision mayor minimum, if the amount of the fraud is over exceed P22,000.00. If the amount exceeds P22,000.00, the in its maximum period, adding one year for each additional P10,000.00, provided that the total penalty shall not exceed 20 years.[28] In this case, the amounts defrauded are the following: Case Number Person Defrauded Amount Defrauded Criminal Case No. MC05- Ruzzel Crisostomo 9048 P83,500.00 Criminal Case No. MC05- Renante B. Quirao, P49,500.00 9049 Jr. Criminal Case No. MC05- Rosalyn 9050 Fernandez Criminal Case No. MC05- Lester C. Duyao 9051 Criminal Case No. MC05- Reinaluz 9052 Guzman A. P64,000.00 P57,500.00 De P83,500.00 As the amounts defrauded exceeded P22,000.00, the penalty shall be imposed in its maximum period which is 6 years, 8 months and 21 days to 8 years. Applying the Indeterminate Sentence Law, the minimum term shall be within the range of the penalty next lower to that prescribed by the RPC, or anywhere within prision correccional in its minimum and medium periods or 6 months and 1 day to 4 years and 2 months. Clearly, the modification made by the CA on the RTC computation of the minimum term is improper. The minimum term imposed which is 6 years, 8 months and 21 days of prision mayor is way above the range of the penalty next lower to that prescribed by the RPC. Although the minimum term imposed by the RTC which is 4 years is within the range, we further modify the same and make it 4 years and 2 months in all the cases. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57038 7/11

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