5/3/2021
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We also sustain the award of actual damages by the trial court to complainants Violeta
de la Cruz, Remelyn Jacinto and Teresita Lorenzo even if they were unable to produce
receipts, as they were able to prove by their testimonies that the accused-appellants
were involved in the entire recruitment process and that they got their money.[15]
However, accused-appellants should be acquitted of the two counts of estafa, namely,
in Criminal Case No. Q-93-48584 with Rolando Rustia as complainant involving
P23,000.00 and Criminal Case No. Q-93-48586 with Noel De La Cruz as complainant
involving P16,000.00. Both Rolando Rustia and Noel de la Cruz did not appear in court
to testify against accused-appellants. After Rolando Rustia and Noel de la Cruz signed
the "Joint Complaint Affidavit" accusing Dioscora Arabia and Francisco Tomas of Illegal
Recruitment in Large Scale and Estafa, nothing more was heard from them. The
prosecution did not present any testimonial or documentary evidence to prove the
estafa committed by accused-appellants against Rolando Rustia and Noel de La Cruz.
WHEREFORE, the judgment of the trial court finding accused-appellants Dioscora M.
Arabia and Francisca L. Tomas guilty of Illegal Recruitment in Large Scale in Crim. Case
No. Q-93-48585 and Estafa in Criminal Cases Nos. Q-93-48588, Q-93-48589 and Q-9348587 is hereby AFFIRMED. However, accused-appellants are ACQUITTED of the two
(2) counts of estafa in Criminal Cases Nos. Q-93-48584 and Q-93-48586 for
insufficiency of evidence.
SO ORDERED.
Melo, (Chairman), Vitug, Panganiban, and Sandoval-Gutierrez, JJ., concur.
[1] Per Judge Perlita J. Tria Tirona.
[2] Rollo, pp. 12-13.
[3] pp. 10-11.
[4] Original Records, p. 29.
[5] Rollo, pp. 124-126.
[6] Rollo, pp. 48-50.
[7] Rollo, pp. 72-98.
[8] People vs. Ariola, 318 SCRA 206 (1999).
[9] People vs. Yabut, 316 SCRA 327 (1999).
[10] People vs. Mercado, 304 SCRA 504 (1999).
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