G. R. No. 178337
http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm
The penalties imposed on Ritualo by the trial court, however, were modified by the
Court of Appeals on the ground that the latter erred in imposing in the Illegal Recruitment
case, an indeterminate sentence ranging from six (6) years and one (1) day, as minimum, to
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eight (8) years, as maximum, and to pay a fine of P200,000.00,
in view of the penalty
prescribed under Sec. 7 of Republic Act No. 8042; and, in the Estafa case, another
indeterminate sentence ranging from six (6) months and one (1) day of prision correcional,
as minimum, to seven (7) years, eleven (11) months and eleven (11) days of prision mayor,
as maximum, contrary to the wordings of Art. 315 of the Revised Penal Code.
The fallo of the Court of Appeals decision is restated:
UPON THE VIEW WE TAKE OF THESE CASES, THUS, the appealed decision
finding the accused-appellant Carmen Ritualo y Ramos guilty beyond reasonable doubt of
Simple Illegal Recruitment and Estafa is AFFIRMED, with the following
MODIFICATIONS
1. In Criminal Case No. 01-0076 (Simple Illegal Recruitment), the accusedappellant is sentenced to suffer the penalty of imprisonment of twelve (12)
years and to pay a fine of P500,000.00.
2. In Criminal Case No. 01-0077 (Estafa), the accused-appellant is sentenced to an
indeterminate prison term of four (4) years and two (2) months of prision
correctional (sic), as minimum, to twelve (12) years of prision mayor, as
maximum, and to indemnify the private complainant Felix Biacora the sum
of P66,000.00 with the interest thereon at the legal rate from September 21,
2000 until the same is fully paid.
Costs shall also be taxed against the accused-appellant.
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Hence, Ritualo filed the instant petition for review.
In this petition, Ritualo prayed for the reversal of the decision of the RTC, as
affirmed with modification by the Court of Appeals, on the basis of the following
assignment of errors:
I.
WHETHER THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING WITH
MODIFICATION THE DECISION OF THE REGIONAL TRIAL COURT DESPITE THE
FACT THAT THE EVIDENCE ON RECORD COULD NOT SUPPORT A
CONVICTION; and
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