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Pesos. She is further ordered to indemnify Virgilio Caniazarcs of P6,000.00,
Reynaldo Dahab P2,500.00 and Basilio Miparanum of P12,000.00.
b) In Criminal Case No. 01-1781, the Court finds the evidence of the
Prosecution sufficient to establish the guilt of Marissa Bayker beyond
reasonable doubt for the crime of estafa defined and penalized under Article
315 2(a) of the Revised Penal Code and she is sentenced to suffer the
penalty of imprisonment for FOUR (4) YEARS, NINE (9) MONTHS and
ELEVEN (11) DAYS of prision correccional to NINE (9)YEARS of prision
mayor. She is further ordered to pay Basilio Miparanum P40,000.00.
No pronouncement as to costs.
xxxx
SO ORDERED.[10]
Judgment of the CA
On July 28, 2005, the CA affirmed the convictions of the accused-appellant by the RTC,
[17] viz.:
WHEREFORE, for lack of merit, the petition is DISMISSED and the Joint
decision dated august 27, 2002 of the Regional Trial Court, Branch 138 of
Makati City is AFFIRMED with MODIFICATIONS. In Criminal Case No. 011780 for Illegal Recruitment, the fine imposed is hereby REDUCED to
P100,000.00 and in Criminal Case No. 01-1781 for Estafa, appellant is
sentenced to suffer the indeterminate penalty of four (4) years and two (2)
months of prision correccional as minimum to nine (9) years of prision
mayor as maximum.
SO ORDERED.
The CA opined that the Prosecution had established the elements of illegal recruitment
in large scale by proving that the accused-appellant lacked the authority or license to
engage in recruitment and placement,[18] and had promised the complainants
employment abroad and had then received money from them;[19] and that the
Prosecution had also established the estafa by showing that she had misrepresented to
Miparanum about her power and authority to deploy him for overseas employment,
thereby inducing him to part with his money.
Hence, this appeal.
Issues
The accused-appellant assigns the following errors to the CA, to wit:
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