4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly The appellant defrauded Cueto and Alviar in the amounts of P20,000.00 and P15,000.00, respectively. When the amount defrauded is over P12,000.00 but does not exceed P22,000.00, the imposable penalty is prision correccional maximum to prision mayor minimum.[15] Applying the Indeterminate Sentence Law (ISL), we take the minimum term from the penalty next lower than the minimum prescribed by law, or anywhere within prision correccional minimum and medium (i.e., from six [6] months and one [1] day to four [4] years and two [2] months). Thus, the RTC and the CA correctly fixed the minimum term for the two (2) counts of estafa at two (2) years, four (4) months and one (1) day of prision correccional, since this is within the range of prision correccional minimum and medium. The maximum term under the ISL shall be that which, in view of attending circumstances, could be properly imposed under the rules of the Revised Penal Code. To compute the minimum, medium and maximum periods of the prescribed penalty for estafa when the amount of fraud exceeds P12,000.00, 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 minimum period for prision correccional maximum to prision mayor minimum is from four (4) years, two (2) months, and one (1) day to five (5) years, five (5) months, and ten (10) days; the medium period is from five (5) years, five (5) months, and eleven (11) days to six (6) years, eight (8) months, and twenty (20) days; and the maximum period is from six (6) years, eight (8) months, and twenty-one (21) days to eight (8) years.[16] Since the amounts defrauded were more than P12,000.00 but not exceeding P22,000.00, and in the absence of any mitigating or aggravating circumstance, the maximum term shall be taken from the medium period of the penalty prescribed (i.e., five [5] years, five [5] months, and eleven [11] days to six [6] years, eight [8] months, and twenty [20] days). Thus, the maximum term of five (5) years, five (5) months and eleven (11) days of prision correccional, actually imposed by the CA for each count of estafa, is proper. WHEREFORE, the April 20, 2010 decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 03692 is hereby AFFIRMED. SO ORDERED. Carpio, (Chairperson), Perez, Sereno, and Reyes, JJ., concur. [1] Penned by Associate Justice Celia C. Librea-Leagogo, and concurred in by Associate Justices Remedios A. Salazar-Fernando and Michael P. Elbinias; rollo, pp. 2-33. [2] Docketed as Criminal Case Nos. 04-1433, 04-1435 to 04-1437; CA rollo, pp. 84-97. [3] Violation of Section 6 in relation to Section 7 of Republic Act No. (RA) 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995.” elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/24088 3/4