or fraudulent acts as defined in paragraph 2d of Article 315 of the Revised

Or fraudulent acts as defined in paragraph 2d of

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or fraudulent acts as defined in paragraph 2(d) of Article 315 of the RevisedPenal Code, as amended by Republic Act No. 4885, shall be punished by:1st. The penalty of reclusion temporalif the amount of the fraud is over12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds thelatter sum, the penalty provided in this paragraph shall be imposed in itsmaximum period, adding one year for each additional 10,000 pesos but thetotal penalty which may be imposed shall in no case exceed thirty years. In
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09/09/2017, 10)41 PMSUPREME COURT REPORTS ANNOTATED VOLUME 493Page 14 of 19such cases, and in connection with the accessory penalties which may beimposed under the Revised Penal Code, the penalty shall be termed reclusionperpetua;2nd. The penalty of prision mayorin its maximum period, if the amount ofthe fraud is over 6,000 pesos but does not exceed 12,000 pesos;3rd. The penalty of prision mayorin its medium period, if such amount isover 200 pesos but does not exceed 6,000 pesos; and,4th.Byprision mayorin its maximum period, if such amount does not exceed200 pesos.388388SUPREME COURT REPORTS ANNOTATEDCenzon vs. Abad Santosthe amendment to Article 315, par. 2(d) of the Revised Penal Codeby Presidential Decree No. 818, which increased the penalty forestafa committed by means of bouncing checks.Presidential Decree No. 818 provides:SECTION 1. Any person who shall defraud another by means of falsepretenses or fraudulent acts as defined in paragraph 2(d) of the RevisedPenal Code, as amended by Republic Act No. 4885, shall be punished by:1st. The penalty of reclusion temporalif the amount of the fraud isover 12,000 pesos but does not exceed 22,000 pesos, and if such amountexceeds the latter sum, the penalty provided in this paragraph shall beimposed in its maximum period, adding one year for each additional10,000 pesos but the total penalty which may be imposed shall in no caseexceed thirty years. In such cases, and in connection with the accessorypenalties which may be imposed under the Revised Penal Code, thepenalty shall be termed reclusion perpetua;x x x xAs used in Presidential Decree No. 818, reclusion perpetua is notthe prescribed penalty for the offense, but merely describes thepenalty actually imposed on account of the amount of the fraudinvolved, which exceeds P22,000.00.26(Italics supplied.)The Court, in Hernandowas just as succinct inpronouncing that the term reclusion perpetuaas used inPresidential Decree No. 818, merely describes the penaltyactually imposed on account of the amount of the fraudinvolved, which exceeds twenty two thousand (P22,000.00)
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09/09/2017, 10)41 PMSUPREME COURT REPORTS ANNOTATED VOLUME 493Page 15 of 19pesos.
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