its maximum period, adding one year for each additional 10,000 pesos; but the total penalty
which may be imposed shall not exceed twenty years. xxx
Under Section 1 of Act 4103,xviii[18] the maximum term of the penalty is that which, in view of
the attending circumstances, could be properly imposed under the Revised Penal Code, and the
minimum should be within the range of the penalty next lower to that prescribed for the offense.
The penalty next lower should be based on the penalty prescribed by the Revised Penal Code for
the offense, without first considering any modifying circumstance attendant to the commission of
the crime. The minimum of the indeterminate penalty is left to the sound discretion of the court,
to fix from within the range of the penalty next lower without reference to the periods into which
it might be subdivided. The modifying circumstances are considered only in the imposition of
the maximum term of the indeterminate sentence.xix[19]
In Criminal Case Nos. 93-129377, 93-129378, 93-129380-84, the amount involved in each case
is P15,000.00. Since the penalty prescribed by law therefor is prision correccional maximum to
prision mayor minimum, the penalty next lower thereto is prision correccional minimum to
prision correccional medium. Thus, the minimum of the indeterminate sentence to be meted here
should be two (2) years, eleven (11) months and ten (10) days.
Explicit is the said Indeterminate Sentence Law, that the maximum of the penalty shall be that
which, in view of the attending circumstances, could be properly imposed under the Revised
Penal Code. Accordingly, the maximum of subject indeterminate sentence of six (6) years, eight
(8) months and twenty (20) days of prision mayor.
In Criminal Case Nos. 93-129376 and 93-129379, the amount involved in each case is
P22,600.00. Since the penalty prescribed by law therefor is prision correccional maximum to
prision mayor minimum, to be imposed in its maximum period, the penalty next lower in degree
should be four (4) years and two (2) months of prision correccional, and the maximum penalty
therefor should be seven (7) years and four (4) months of prision mayor, in each case.
WHEREFORE, the judgment of conviction appealed from is AFFIRMED, and accusedappellant is hereby sentenced, as follows:
(1)
In Criminal Case No. 93-129374 for illegal recruitment, he is sentenced to suffer life
imprisonment, and to pay a fine of P100,000.00;
(2)
In Criminal Case Nos. 93-129376 and 93-129379 for estafa, he is sentenced in each case,
to an indeterminate penalty of four (4) years, two (2) months, as minimum, to seven (7) years
and four (4) months, as maximum;
(3) In Criminal Case Nos. 93-129377, 93-129378, 93-129380-84 for estafa, appellant is
sentenced in each case, to an indeterminate penalty of two (2) years, eleven (11) months and ten
(10) days, as minimum, to six (6) years, eight (8) months and twenty (20) days, as maximum,
and to pay the complainants P15,000.00 each; and
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