4

Under R.A 10951 or the Indexation Act, the penalty for theft if the amount stolen is over
5,000 but does not exceed 20,000 is Arresto Mayor in its medium period to Prsion Correccional in its
minimum period.

In the case at bar, since there is neither aggravating nor mitigating circumstance present, the
imposable penalty should be imposed in the medium period. The medium period of the imposable
penalty of Arresto Mayor in its medium period to Prsion Correccional in its minimum period is Arresto
Mayor in its maximum period.

To apply the Indeterminate Sentence Law, we go back to the imposable penalty and lower it
by one degree, applying Article 64 paragraph (4). One degree lower from the imposable penalty
would be Arresto Menor in its medium period to Arresto Mayor in its minimum period imposed in
medium period, which is Arresto Menor in its maximum.

The indeterminate sentence that the accused should suffer would be the sentence of arresto
menor in its maximum period as minimum to arresto mayor in its medium period as maximum.

Under R.A 10951 or the Indexation Act, the penalty for estafa is Arresto mayor in its
maximum to Prision Correcccional in its minimum period if the amount involved is over 40,000 but
does not exceed 1,200,000.

In the case at bar, the amount involved is 150,000, hence it is within the said penalty. There is
neither aggravating nor mitigating circumstance present so the imposable penalty must be imposed
in its medium period.

The duration of the medium period of Arresto Mayor in its maximum to Prision Correccional
in its minimum period is imprisonment ranging from 1 year and 1 day to 1year and 8 months.

Applying the Indeterminate Sentence Law, the imposable penalty of Arresto Mayor in its
maximum period to Prision Correccional in its minimum period is lowered by one degree applying
article 61 of the RPC.

One degree lower from the imposable penalty would now be Arresto Menor in its minimum
and medium period. The penalty should also be in the medium because there is neither aggravating
nor mitigating circumstance present in the commission. The medium period of which would now be
composed of imprisonment ranging from 6 days and 1 day to 12 days.

The indeterminate sentence that the court should imposed upon the offender must be
imprisonment with a duration of 6 days and 1 day to 12 days as minimum to 1 year and 1 day to 8
months as maximum.