may be imposed shall not exceed 20 years. The maximum penalty should then be termed as prision mayor or reclusion temporal as the case may be. In fine, the one year period, whenever applicable, shall be added to the maximum period of the principal penalty of anywhere from 6 years, 8 months and 21 days to 8 years.[41] Applying the foregoing to the present case, the Court thus finds some need to modify the penalty imposed by the trial court. Inasmuch as the amount involved in Criminal Case No. 84-25822 is P27,925.00, the minimum penalty should be reduced to one (1) year, eight (8) months and twenty-one (21) days of prision correccional and the maximum penalty should be six (6) years eight (8) months and twenty-one (21) days ofprision mayor minimum, aside from payment of actual damages of P27,925.00 in solidum with co-accused Nemia Magalit Diu. The lowering of the penalty, being favorable to Nemia Magalit Diu who did not interpose an appeal, should likewise be applied as to her,[42] pursuant to Section 11, Rule 122 of the 1985 Rules of Criminal Procedure.[43] WHEREFORE, the appealed Decision of the Court of Appeals finding accusedpetitioner Emma Offemaria Marcelo and co-accused Nemia Magalit Diu guilty beyond reasonable doubt of the crime of Estafa under Art. 315 (2) (a) of the Revised Penal Code is hereby AFFIRMEDwith the modification that each of them is sentenced to an indeterminate penalty of one (1) year, eight (8) months and twenty-one (21) days ofprision correccional minimum period as MINIMUM, to six (6) years, eight (8) months and twenty-one (21) days of prision mayor minimum period as MAXIMUM. Costs against petitioner. SO ORDERED. Bellosillo, (Chairman), Mendoza, and Quisumbing, JJ., concur. Buena J., no part, ponente in CA decision. [1] Penned by Associate Justice Arturo M. Buena (now Associate Justice of the Supreme Court) and concurred in by Associate Justices Angelina Sandoval Gutierrez and Conrado M. Vasquez, Jr., Third Division, in CA-G.R. CR No. 13770, Rollo, pp. 21-31. [2] Penned by Judge Arsenio M. Gonong, Court of Appeals (CA) Rollo, pp. 92-108. [3] Spelled in TSN as Gasmet and Gasmin. [4] TSN, Mosquera, June 9, 1987, pp. 16-18. [5] Id., pp. 19-22. [6] Id., pp. 23-30. [7] Id., pp. 30-31. [8] Id., p. 31. [9] Exhibits A and A-1, Id., pp. 31-35. [10] Exhibits B and B-1.

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