6/7/2020
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To reiterate, settled is the rule that the findings and conclusion of the trial court on the
credibility of witnesses are entitled to great respect because the trial courts have the
advantage of observing the demeanor of witnesses as they testify.[19] The
determination by the trial court of the credibility of witnesses, when affirmed by the
appellate court, as in this case, is accorded full weight and credit as well as great
respect, if not conclusive effect.[20]
Ancnt the CA's modification as to the penalty imposed, this Court finds no reason for its
correction. The trial court imposed the indeterminate penalty of six (6) years and one
(1) day, as minimum, to eight (8) years, as maximum, for the crime of illegal
recruitment in large scale, whereas the proper penalty should have been life
imprisonment, as provided under Section 7 (b) of R.A. 8042. As ruled by the CA:
Be that as it may, this Court finds reversible error on the part of the trial
court respecting the penalty imposed on the appellant for the crime of large
scale illegal recruitment. Under the last paragraph of Section 6 of R.A. 8042,
illegal recruitment shall be considered an offense involving economic
sabotage if committed in large scale, viz., committed against three or more
persons individually or as a group. In the present case, six (6) private
complainants testified against appellant's acts of illegal recruitment, thereby
rendering her acts tantamount to economic sabotage. Under Section 7 (b) of
R.A. 8042, the penalty of life imprisonment and a fine of not less than
P500.000.00 nor more than P1,000,000.00 shall be imposed if illegal
recruitment constitutes economic sabotage.
Nevertheless, the CA erred in not increasing the amount of fine imposed by the RFC. In
modifying the penalty to life imprisonment, the CA cited Section 7 (b) of R.A. 8042
because the present case involves economic sabotage, however, the same provision
reads, [t]he penalty of life imprisonment and a fine of not less than five hundred
thousand pesos (P500,000.00) nor more than one million pesos
(P1,000,000.00) shall be imposed if illegal recruitment constitutes economic
sabotage. Hence, the fine imposed should have been not less than five hundred
thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00) and
not two hundred thousand pesos (P200,000.00) as ruled by the RTC and the CA.
WHEREFORE, the appeal is DISMISSED and the Court of Appeals Decision dated
March 11, 2010 is AFFIRMED with the MODIFICATION that accused-appellant Ma. Fe
Torres Solina a.k.a. Ma Fe Baylon Gallo is ORDERED to PAY a fine in the amount of
Five Hundred Thousand (P500,000.00) Pesos with subsidiary liability in case of
insolvency, instead of the P200,000.00 adjudged earlier by the RTC and the CA for the
crime of illegal recruitment in large scale. Anent the six (6) counts of Estafa under
Article 315, paragraph 2 (a), Revised Penal Code, accused-appellant is ORDERED to
RETURN to each private complainant the amount of Twenty Thousand Pesos
(P20,000.00), plus the legal interest of six percent (6%) per annum from the finality of
judgment until fully paid, as actual damages.
SO ORDERED.
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