5/28/2020
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City of Manila in Criminal Cases Nos. 03-216188, 03-216189, 03-216190,
03-216191 and 03-216193 are hereby AFFIRMED with the following
modifications:
1. In Criminal Case Nos. 03-216188 and 03-216189 for illegal recruitment,
the Court sentences accused-appellant VILMA SULIMAN to suffer the
indeterminate penalty of six (6) years and one (1) day, as minimum, to
twelve (12) years, as maximum, and to pay a fine of Two Hundred Thousand
Pesos (P200,000.00) for each count.
2. In Criminal Case No. 03-216190 for estafa involving private complainant
Anthony Mancera, the Court sentences accused-appellant Vilma Suliman to
suffer a minimum period of six (6) months and one (1) day of prision
correccional to a maximum term of fifteen (15) years, eight (8) months and
twenty-one (21) days of reclusion temporal.
3. In Criminal Case No. 03-216191 for estafa involving private complainant
Perlita A. Prudencio, the Court sentences accused-appellant Vilma Suliman
to suffer the minimum period of four (4) years and two (2) months of prison
correccional to maximum term of seventeen (17) years, eight (8) months
and twenty-one (21) days of reclusion temporal.
4. In Crim. Case No. 03-216193 for estafa involving private complainant
Jimmy Tumabcao, the Court sentences accused-appellant Vilma Suliman to
suffer the minimum term of six (6) months and one (1) month and twentyone (21) days of prison mayor.
SO ORDERED.[8]
Petitioner's counsel received a copy of the above CA Decision on May 26, 2009.[9]
However, neither petitioner nor her counsel filed a motion for reconsideration within the
15-day reglementary period for filing the said motion. Hence, on June 11, 2009, the
subject CA Decision became final.
On July 3, 2009, petitioner, through her new collaborating counsel, filed a Motion to
Admit Attached Motion for Reconsideration[10] praying that the same be admitted in the
higher interest of "substantial justice and due process." Petitioner contended that her
former counsel committed gross and inexcusable neglect of his duty as counsel in
failing to immediately inform petitioner about his receipt of the subject CA Decision,
thereby depriving petitioner of her right to file a motion for reconsideration which, in
turn, is a violation of her right to due process.
On July 21, 2009, the CA issued a Resolution denying petitioner's Motion to Admit
Attached Motion for Reconsideration.
Petitioner filed a Motion for Reconsideration, [11] but the CA denied it in its Resolution
dated January 8, 2010.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58317
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