People vs Benemerito : 120389 : November 21, 1996 : J Davide Jr : Th...
http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/120389.htm
[Syllabus]
THIRD DIVISION
[G.R. No. 120389. November 21, 1996]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEXANDER ALEX
BENEMERITO and PRECY BENEMERITO (at large), accused.
ALEXANDER ALEX BENEMERITO, accused-appellant.
DECISION
DAVIDE, JR., J.:
[1]
This is an appeal by accused-appellant Alexander Alex Benemerito from a Joint Decision
of the Regional Trial Court of Quezon City, Branch 91, convicting him of illegal recruitemnt and
three counts of estafa. The dispositive portion of the decision reads, as follows:
WHEREFORE, premises considered, judgment is hereby rendered as follows:
1. Finding accused Alexander Alex Benemerito guilty beyond reasonable doubt, as principal, of
the crime of Illegal Recruitment in large scale, as defined in Article 38, in relation to
Article 39 of the Labor Code, as amended by P.D. No. 2018 in Crim. Case No. Q-93-51511
and sentencing him to suffer the penalty of life imprisonment, to pay a fine of P100,000.00,
and to pay the cost;
2. Finding accused Alexander Alex Benemerito guilty beyond reasonable doubt, as principal, of
the crime of estafa in Crim Case No. Q-93-51513 and sentencing him to suffer an
indeterminate penalty of six (6) years and one (1) day of prision mayor, as minimum, to ten
(10) years of prision mayor, as maximum; to indemnify Benjamin Quitoriano in the amount
of P50,000.00 and to pay the cost;
3. Finding accused Alexander Alex Benemerito guilty beyond reasonable doubt, as principal, of
the crime of Estafa in Crim. Case No. Q-93-51514 and sentencing him to suffer an
indeterminate penalty of six (6) years and one (1) day of prision mayor, as minimum, to ten
(10) years of prision mayor, as maximum, to indemnify Fernando Arcal in the amount of
P50,000.00 and to pay the costs;
4. Finding accused Alexander Alex Benemerito guilty beyond reasonable doubt, as principal, of
the crime of estafa in Crim. Case No. Q-93-51515 and sentencing him to suffer an
indeterminate penalty of ten (10) years and one (1) day of prision mayor, as minimum, to
fifteen (15) years of reclusion temporal, as maximum, to indemnify Carlito Gumarang in
the amount of P95,000.00 and to pay the costs; and,
5. Acquiting accused Alexander Alex Benemerito of the crime of Estafa in Crim. Case No.
Q-93-51512 for lack of evidence.
[2]
The amended information in Criminal Case No. Q-93-51511 charged the accused-appellant
and his sister, Precy Benemerito, with the crime of large Scale Illegal Recruitment allegedly
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