6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
portion shall form a period,[31] with the maximum period being then imposed.[32]
However, the floor of the maximum period - six years, eight months and 21 days is fixed in the absence of any aggravating circumstance, or of any showing of the
greater extent of the evil produced by the crime,[33] to which is then added the
incremental penalty of one year for every P10,000.00 in excess of P22,000.00, or three
years in all.[34] The resulting total penalty is nine years, eight months and 21 days of
prision mayor, which shall be the maximum of the indeterminate sentence.
The minimum of the indeterminate sentence is taken from prision correctional in its
minimum period to prision correctional in its medium period (i.e., six months and one
day to four years and two months), the penalty next lower to that prescribed by Article
315 of the Revised Penal Code. We note that the CA correctly fixed the minimum of the
indeterminate sentence at four years and two months of prision correctional.
In view of the foregoing, the indeterminate sentence for the accused-appellant is from
four years and two months of prision correctional, as the minimum, to nine years, eight
months and 21 days of prision mayor.
IV
Civil Liabilities
The civil liabilities as decreed by the RTC and upheld by the CA are also corrected to
reflect the actual aggregate amount to be restituted to Miparanum at P54,700.00. In
addition, the accused-appellant shall be obliged to pay interest of 6% per annum on
the respective sums due to each of the complainants, to be reckoned from the finality
of this decision until full payment considering that the amount to be restituted became
determinate only through this adjudication.
WHEREFORE, the Court AFFIRMS the decision promulgated on July 28, 2005 subject
to the following MODIFICATIONS, to wit:
1. In Criminal Case No. 01-1780, for illegal recruitment committed in
large scale, the penalty of life imprisonment and fine of P500,000.00 is
imposed on the accused- appellant;
2. In Criminal Case No. 01-1781, for estafa, the accused- appellant is
sentenced to suffer the indeterminate penalty of four years and two
months of prision correccional, as the minimum, to nine years, eight
months and 21 days of prision mayor, as the maximum;
3. The
accused-appellant
shall
indemnify
complainants
Virigilio
Caniazares, Reynaldo Dahab and Basilio Miparanum in the respective
amounts of P6,000.00, P2,500.00, and P54,700.00 plus interest of 6%
per annum from the finality of this decision until full payment; and
4. The accused-appellant shall pay the costs of suit.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61699
10/13