Correction of the trial courts penalty imposed upon appellant in Criminal Case No. 2863-V-93 is therefore likewise called for. Article 315 of the Revised Penal Code provides: Article 38. Swindling (estafa). ---Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over P12,000 but does not exceed P22,000; and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional P10,000; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be; x x x. Hence, applying the Indeterminate Sentence Law, the accused in Criminal Case No. 2863-V-93 shall be sentenced to a penalty of four (4) years and two (2) months of prision correccional as minimum to ten (10) years of prision mayor as maximum. With respect to Criminal Case No. 2862-V093, the prosecution failed to fulfill its duty to produce evidence showing appellants guilt beyond reasonable doubt of the charges of estafa committed against Mary Jane Aquino-Villanueva. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required, and this certainty is required as to every proposition of proof requisite to constitute the offense.[32] In the said criminal case for estafa, no proof whatsoever was adduced by the prosecution. The offended party, Mary Jane Aquino-Villanueva, was not even asked to testify in open court. WHEREFORE, judgment is hereby rendered as follows: I. The judgment of the trial court in Criminal Case No. 2860-V-93 finding appellant Marlene Olermo a.k.a. Marlene Tolentino guilty of Illegal Recruitment in Large Scale and sentencing her to life imprisonment, as well as to pay a fine of One Hundred Thousand Pesos (P100,000) is AFFIRMED. II. The judgments in Criminal Cases Nos. 2861-V-93, 2864-V-93 and 2865-V-93, finding appellant guilty beyond reasonable doubt of four separate offenses of estafa are AFFIRMED in toto. III. The judgment in Criminal Case No. 2863-V-93 finding appellant guilty beyond reasonable doubt of estafa is MODIFIED, insofar as appellant is hereby sentenced to FOUR (4) YEARS and TWO (2) MONTHS of prision correccional as minimum to TEN (10) YEARS of prision mayor as maximum and that appellant is further ordered to pay complainant Ariston B. Villanueva the amount of P51,000, without subsidiary imprisonment in case of insolvency, plus costs of suit.

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