5/28/2020
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Lastly, it is still incumbent upon appellant to indemnify private complainants for the
amounts paid to him and his conspirators, with legal interest at the rate of 6% per
annum, from the time of demand, which, in this case, shall be deemed as the same day
the Informations were filed against appellant, until the said amounts are fully paid.[34]
WHEREFORE, we AFFIRM with MODIFICATIONS the Decision dated March 18,
2011 of the Court of Appeals in CA-G.R. CR.-H.C. No. 03168, to read as follows:
1. In Criminal Case No. 03-0122, appellant Roderick T. Gallemit is found GUILTY
beyond reasonable doubt of illegal recruitment in large scale, constituting economic
sabotage, as defined and penalized in Section 6, in relation to Section 7(b), of Republic
Act No. 8042, for which he is sentenced to suffer the penalty of life imprisonment and
is ordered to pay a fine of Five Hundred Thousand Pesos (P500.000.00);
2. In Criminal Case No. 03-0123, appellant Roderick T. Gallemit is found GUILTY
beyond reasonable doubt of the crime of estafa, as defined and penalized in Article
315, paragraph 2(a) of the Revised Penal Code, for which he is sentenced to a prison
term of two (2) years and four (4) months of prision correccional, as minimum, to
thirteen years (13) of reclusion temporal, as maximum, and ordered to indemnify
private complainant Marcelo I. De Guzman in the amount of Eighty Thousand Pesos
(P80,000.00) as actual damages, with legal interest of six percent (6%) per annum
from January 3, 2003, until the said amount is fully paid;
3. In Criminal Case No. 03-0127, appellant Roderick T. Gallemit is found GUILTY
beyond reasonable doubt of the crime of estafa, as defined and penalized in Article
315, paragraph 2(a) of the Revised Penal Code, for which he is sentenced to a prison
term of two (2) years and four (4) months of prision correccional, as minimum, to nine
(9) years of prision mayor, as maximum, ordered to indemnify private complainant
Gina T. Decena in the amount of Thirty-Five Thousand Pesos (P35,000.00) as actual
damages, with legal interest of six percent (6%) per annum from January 3, 2003, until
the said amount is fully paid; and
4. In Criminal Case No. 03-0130, appellant Roderick T. Gallemit is found GUILTY
beyond reasonable doubt of the crime of estafa, as defined and penalized in Article
315, paragraph 2(a) of the Revised Penal Code, for which he is sentenced to a prison
term of two (2) years and four (4) months of prision correccional, as minimum, to
twelve (12) years of prision mayor, as maximum, and ordered to indemnify private
complainant Francisco S. Poserio in the amount of Seventy Thousand Pesos
(P70,000.00) as actual damages, with legal interest of six percent (6%) per annum
from January 3, 2003, until the said amount is fully paid.
SO ORDERED.
Sereno, CJ., (Chairperson), Bersamin, Villarama, Jr., and Reyes, JJ., concur.
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