G.R. No. 132311 - PEOPLE OF THE PHILIPPINES, VS. MINA LIBRERO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the penalties imposed by the trial court should thus be modified - In Crim. Case No.97-594 the amount involved is P43,000.00. Hence, the minimum penalty should be reduced to four (4) years and two (2) months of prision correccional which is the maximum of the allowable minimum penalty of the indeterminate sentence. The maximum penalty should at least be six (6) years, eight (8) months and twenty-one (21) days of prision mayor (the maximum prescribed by Art. 315) plus a period of two (2) years [one (1) year for each additional P10,000.00] for a total maximum period of eight (8) years, eight (8) months and twenty-one (21) days of prision mayor . The same penalty should also be imposed in Crim. Case No. 97-602 where the amount involved is P50,000.00. In Crim. Case No. 97-597 the amount involved is P55,000.00. Again, the minimum penalty should also be reduced to four (4) years and two (2) months of prision correccional . The maximum penalty should again be at least six (6) years, eight (8) months and twenty-one (21) days of prision mayor plus three (3) years (for each additional P10,000.00) or a total maximum period of nine (9) years, eight (8) months and twenty-one (21) days of prision mayor. Criminal Cases Nos. 97-598, 97-599, 97-600 and 97-601 involve the uniform amount of P75,000.00. The minimum penalty in each case should be reduced to four (4) years and two (2) months of prision correccional . Each maximum penalty should be eleven (11) years, eight (8) months and twenty-one (21) days of prision mayor as the sum total of at least six (6) years, eight (8) months and twenty-one (21) days of prision mayor plus five (5) years [one (1) year for each additional P10,000.00]. Criminal Case No. 97-603 involves the amount of P20,000.00, thus the penalty imposed by the court a quo of two (2) years, four (4) months and one (1) day of prision correccional , to six (6) years and one (1) day of prision mayor is within the proper range. WHEREFORE, the appealed Decision finding accused-appellant MINA LIBRERO guilty of Illegal Recruitment in Large Scale and eight (8) counts of Estafa is AFFIRMED subject to the MODIFICATION insofar as the penalties therein imposed are concerned - (1) In Crim. Case No. 97-593 accused-appellant MINA LIBRERO is sentenced to life imprisonment, and to pay the fine of P500,000.00, plus costs; (2) In Crim. Cases Nos. 97-594 and 97-602 accused-appellant MINA LIBRERO is sentenced to an indeterminate prison term of four (4) years and two (2) months of prision correccional as minimum to eight (8) years, eight (8) months and twenty-one (21) days of prision mayor as maximum. She is also ordered to pay John William Green the amount of P43,000.00 and Liza Peclaro the amount of P50,000.00, plus the costs; (3) In Crim. Case No. 97-597 accused-appellant MINA LIBRERO is sentenced to an indeterminate prison term of four (4) years and two (2) months of prision correccional as minimum to nine (9) years, eight (8) months and twenty-one (21)