"x x x.
The decisive factor in determining the criminal and civil liability for the crime of estafa depends on the value of the thing or the amount defrauded.[21] With respect to the civil aspect of the case, the petitioner filed a manifestation[22] which showed the satisfaction of her civil monetary liability with six (6) out of the seven (7) private complainants.
Anent her criminal liability, the evidence shows that the amount of money remitted by the private complainants to the petitioner all exceeded the amount ofP22,000.00. In this regard, the first paragraph of Article 315 of the Revised Penal Code, as amended, provides the appropriate penalty if the value of the thing or the amount defrauded exceeds P22,000.00:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in 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. [italics ours]
As provided by law, the maximum indeterminate penalty when the amount defrauded exceeds P22,000.00 is pegged at prision mayor in its minimum period or anywhere within the range of six (6) years and one (1) day to eight (8) years, plus one year for every P10,000.00 in excess of P22,000.00 of the amount defrauded but not to exceed twenty years. In turn, the minimum indeterminate penalty shall be one degree lower from the prescribed penalty for estafa, which in this case is anywhere within the range of prision correccional in its minimum and medium periods or six (6) months and one (1) day to four (4) years and two (2) months.[23] Applying this formula, we affirm the penalty imposed by the CA as it is fully in accordance with the law.
