6/9/2020
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On April 17, 2000, the RTC rendered a Decision finding Ochoa guilty beyond reasonable
doubt of the crimes of illegal recruitment in large scale (Criminal Case No. 98-77300)
and three counts of estafa (Criminal Case Nos. 98-77301, 98-77302, 98-77303). The
dispositive portion of said Decision reads:
WHEREFORE, judgment is hereby rendered as follows:
1. In Criminal Case No. 98-77300, the Court finds the accused, ROSARIO
"ROSE" OCHOA, guilty beyond reasonable doubt as principal of ILLEGAL
RECRUITMENT IN LARGE SCALE, defined and penalized in Section 6 in
relation to Section 7 (b) of Republic Act No. 8042, and sentences her to life
imprisonment and a fine of One Million Pesos.
2. In Criminal Case No. 98-77301, the Court finds the accused, ROSARIO
"ROSE" OCHOA, guilty beyond reasonable doubt as principal of the crime of
ESTAFA, defined and penalized in Article 315, paragraph 2 (a) of the Revised
Penal Code, and sentences her to an indeterminate penalty of two (2) years,
eleven (11) months and eleven (11) days of prision correccional as
minimum to six (6) years, eight (8) months and twenty (20) days of prision
mayor, as maximum, and to indemnify complainant Robert Gubat in the
amount of Eighteen Thousand Eight Hundred (P18,800.00) Pesos.
3. In Criminal Case No. 98-77302, the Court finds the accused, ROSARIO
"ROSE" OCHOA, guilty beyond reasonable doubt as principal of the crime of
ESTAFA, defined and penalized in Article 315, paragraph 2 (a) of the Revised
Penal Code, and sentences her to an indeterminate penalty of two (2) years,
eleven (11) months and eleven (11) days of prision correccional as
minimum to six (6) years, eight (8) months and twenty (20) days of prision
mayor as maximum, and to indemnify the complainant Cesar Aquino in the
amount of Seventeen Thousand (P17,000.00) Pesos.
4. In Criminal Case No. 98-77303, the Court finds the accused, ROSARIO
"ROSE" OCHOA, guilty beyond reasonable doubt as principal of the crime of
ESTAFA, defined and penalized in Article 315, paragraph 2 (a) of the Revised
Penal Code, and sentences her to an indeterminate penalty of two (2) years,
eleven (11) months and eleven (11) days of prision correccional as
minimum to six (6) years, eight (8) months and twenty-one (21) days of
prision mayor as maximum, and to indemnify complainant Junior Agustin in
the amount of Twenty-Eight Thousand (P28,000.00) Pesos.[26]
Ochoa filed a Notice of Appeal[27] in which she stated her intention to appeal the RTC
judgment of conviction and prayed that the records of her case be forwarded to the
Court of Appeals. Ochoa's appeal was docketed as CA-G.R. CR. No. 24147 before the
Court of Appeals.
In a Resolution[28] dated August 8, 2000, the Court of Appeals granted Ochoa's First
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
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