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734 Phil. 698
FIRST DIVISION
[ G.R. No. 197539, June 02, 2014 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
ANGELITA I. DAUD, HANELITA M. GALLEMIT AND RODERICK
GALLEMIT Y TOLENTINO, ACCUSED.
RODERICK GALLEMIT Y TOLENTINO, ACCUSED-APPELLANT.
DECISION
LEONARDO-DE CASTRO, J.:
For Our consideration is an appeal from the Decision[1] dated March 18, 2011 of the
Court of Appeals in CA-G.R. CR.-H.C. No. 03168, which affirmed the Joint Decision[2]
dated January 15, 2007 of the Regional Trial Court (RTC), Parañaque City, Branch 195,
in Criminal Case Nos. 03-0122 to 30, finding accused-appellant Roderick Gallemit y
Tolentino guilty of the crimes of (1) illegal recruitment in large scale, as defined and
penalized under Article II, Section 6, in relation to Section 7(b) of Republic Act No.
8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995;”
and (2) estafa, as defined and penalized under Article 315, paragraph 2(a) of the
Revised Penal Code, but modified the penalties imposed upon appellant for said crimes.
In an Information dated January 3, 2003, docketed as Criminal Case No. 03-0122,
Angelita I. Daud (Daud), Hanelita M. Gallemit (Hanelita), and appellant Roderick
Gallemit y Tolentino were charged before the RTC with illegal recruitment in large scale,
allegedly committed as follows:
That on or about or sometime during the period from February 5, 2001 to August 2001,
in the City of Parañaque, Philippines, and within the jurisdiction of this Honorable Court,
the above-named accused, conspiring and confederating together and both of them
mutually helping and aiding one another, representing themselves to have the capacity
to contract, enlist and transport Filipino workers for employment abroad, did then and
there willfully, unlawfully and feloniously, for a fee, recruit and promise employment
abroad to complainants Marcelo De Guzman, Evangeline Relox, Maricel Rayo, Brigida
Rayo, Gina Decena, Nenita Policarpio, Myrna Crisostomo and Francisco Poserio, without
first securing the required license or authority from the Department of Labor and
Employment thus deemed committed in large scale and therefore amounting to
economic sabotage. [3]
Eight more Informations, all dated January 3, 2003, docketed as Criminal Case Nos.
03-0123 to 03-0130, charged Daud, Hanelita, and appellant before the RTC with eight
counts of Estafa, committed separately upon eight private complainants, namely,
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