G.R. No. 179934
11 of 14
http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/179934.htm
The penalties in this case consisting in deprivation of liberty cannot be served
[27]
simultaneously by reason of the nature of such penalties.
Hence, since the accused are
sentenced to two or more terms of imprisonment, the terms should be served
[28]
successively.
WHEREFORE, the Court AFFIRMS the 21 June 2007 Decision of the Court of Appeals
in CA-G.R. CR HC No. 01701 with the following MODIFICATIONS:
1.
In Criminal Case No. V-0654 (for estafa involving P14,000), Erlinda Abordo
is sentenced to an indeterminate penalty of 6 months and 1 day of prision
correccional, as minimum, to 5 years, 5 months and 11 days of prision
correccional, as maximum. Abordo should also refund to Jesus Rayray the
amount of P14,000 with legal interest from the filing of the information until
this amount is fully paid.
2.
In Criminal Case No. V-0767 (for estafa involving P45,000), Erlinda Abordo
and Vina Cabanlong are sentenced to an indeterminate penalty of 6 months
and 1 day of prision correccional, as minimum, to 10 years of prision mayor,
as maximum. The accused should also refund to Jaime Fernandez the amount
of P45,000 with legal interest from the filing of the information until this
amount is fully paid.
3.
In Criminal Case No. V-0769 (for estafa involving P39,000), Erlinda Abordo
and Vina Cabanlong are sentenced to an indeterminate penalty of 6 months
and 1 day of prision correccional, as minimum, to 9 years of prision mayor, as
maximum. The accused should also refund to Exequiel Mendoza the amount
of P39,000 with legal interest from the filing of the information until this
amount is fully paid.
4.
In Criminal Case No. V-0772 (for estafa involving P15,000), Erlinda Abordo
and Vina Cabanlong are sentenced to an indeterminate penalty of 6 months
and 1 day of prision correccional, as minimum, to 5 years, 5 months and 11
days of prision correccional, as maximum. The accused should also refund to
Esmenia Cario the amount of P15,000 with legal interest from the filing of the
information until this amount is fully paid.
1/28/2016 10:08 AM