6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly Furthermore, accused Sagisag Atlas "Paul" Bautista is ordered to indemnify private complainant Rolando L. De Vera the amount of PI 15,000.00 with twelve percent (12%) interest per annum starting from the filing of the Information until the finality of the judgment. 4. In Criminal Case No. MC09-12517[,] the Court finds accused Sagisag Atlas "Paul" Bautista GUILTY beyond reasonable doubt of the crime of illegal recruitment in large scale, as defined under Section 6 of R.A. 8042 and is hereby sentenced to suffer the penalty of life imprisonment and a fine of P500,000.00 pursuant to Section 7 of R.A. 8042. 5. Considering that the prosecution failed to adduce any evidence in Criminal Case Nos. MC09-12512, MC09-12513, MC09-12514, MC09-12516, MC09-12518, MC09-12519, and MC09-12520, the Court finds accused Sagisag Atlas "Paul" Bautista NOT GUILTY OF seven (7) counts of Estafa as defined in Article 315 par. 2(a) of the Revised Penal Code. 6. Considering that the other two (2) accused, Arleth Buenconsejo and Rosamel Cara De Guzman, are still at large and the court has not yet acquired jurisdiction over their person, let alias warrants of arrest be issued against them and let the records of the eleven (11) cases be ARCHIVED to be revived upon their apprehension. SO ORDERED.[15] In finding accused-appellant Bautista guilty, the RTC found that the prosecution was able to establish the requisites for a finding of estafa as committed against Randy, Rolando, and Efren. It found that in Criminal Case No. MC09-12510, the prosecution was able to prove that Randy did give him the money on the false promise of a job in Korea, and that accused-appellant Bautista and the agency he represented failed to deploy Randy as assured.[16] The RTC also found in Criminal Case No. MC09-12511 that similar to Randy, Efren also parted with a total of PI 51,000.00 after much persuasion from accused-appellant Bautista and with the goal of employment in Korea, and that he also was not deployed as promised.[17] Finally, the same modus was also established in Criminal Case No. MC09-12515, where Rolando was shown to have relied on the misrepresentations of accused-appellant Bautista and paid a total of PI 15,000.00 for work deployment in Korea which never materialized.[18] On the other hand, the RTC exonerated accused-appellant Bautista in all the other criminal cases[19] for estafa filed against him, considering that the private complainants therein were not present before it for the substantiation of the allegations therein.[20] With respect to the charge of illegal recruitment in violation of Section 6 of R.A. 8042, https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66754 10/20

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