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representing the receipt amounting to P40,000.00 received by appellant from
complainant Aguilar-Uy, can be given probative value. And considering the amount
defrauded is P40,000.00 which is P18,000.00 more than P22,000.00, one (1) year shall
be added to six (6) years, eight (8) months and twenty-one (21) days making the
maximum term of the indeterminate sentence to seven (7) years, eight (8) months and
twenty-one (21) days.
Finally, following prevailing jurisprudence, the Court, likewise, imposes interest at the
rate of six percent (6%) per annum on each of the amounts awarded from the date of
finality of this Decision until fully paid.
WHEREFORE, premises considered, the appeal is hereby DISMISSED. The Court of
Appeals Decision dated July 2, 2013 in CA G.R. CR-HC No. 04935 is AFFIRMED with
MODIFICATION to read as follows:
1. In Criminal Case No. 05-412, the Court finds appellant Michelle Dela Cruz
GUILTY beyond reasonable doubt of the crime of Illegal Recruitment
committed in large scale. She is hereby sentenced to suffer the penalty of
life imprisonment, and ordered to pay a fine of P500,000.00;
2. In Criminal Case No. 05-413, the Court finds appellant Michelle Dela Cruz
GUILTY beyond reasonable doubt of the crime of estafa and sentences her
to an indeterminate penalty of four (4) years and two (2) months of prision
correccional, as minimum, to seven (7) years, eight (8) months and twentyone (21) days of prision mayor, as maximum.
3. Appellant Michelle Dela Cruz is likewise ordered to indemnify private
complainant Armely Aguilar Uy in the amount of Forty Thousand Pesos
(P40,000.00) as actual damages, with legal interest of six percent (6%) per
annum from the finality of this decision, until the said amount is fully paid.
SO ORDERED.
Mendoza, Leonen, and Martires, JJ., concur.
Carpio, (Chairperson), J., on wellness leave.
** Acting Chairperson, per Special Order No. 2445 dated June 16, 2017.
*** Also spelled "dela Cruz" in some parts of the records.
[1] Penned by Associate Justice Rosmari D. Carandang, with Associate Justices Ricardo
R. Rosario and Leoncia R. Dimagiba, concurring; rollo, pp. 2-16.
[2] CA rollo, pp. 39-46.
[3] Records, pp. 2-3.
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