5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly Guilty beyond reasonable doubt of the crime of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, and both accused Dioscora Arabia and Francisca Tomas are hereby sentenced to each suffer an indeterminate imprisonment from one (1) year, eight (8) months and twenty one (21) days of prision correccional as minimum to five (5) years, five (5) months and eleven (11) days of prision correccional as maximum, and to pay the costs. Accused Dioscora Arabia and Francisca Tomas are solidarily liable to pay complainant Remelyn Nona Jacinto the sum of Sixteen thousand (P16,000) pesos. SO ORDERED. Done in Quezon City, this 31st day of August, 1998." Accused-appellants seasonably filed their appeal. In their Appellants' Brief,[7] they impute to the trial court the following errors: I THE TRIAL COURT ERRED IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONIES OF THE FOUR COMPLAINANTS WHO TESTIFIED IN THIS CASE AND IN DISREGARDING THE TESTIMONIES OF THE ACCUSEDAPPELLANTS. II THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANTS FOR ILLEGAL RECRUITMENT AND FIVE (5) COUNTS OF ESTAFA DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT. In fine, accused-appellants question the credibility of the four complainants/witnesses and the sufficiency of the prosecution's evidence. Accused-appellants argue that none of the four complaining witnesses ever presented a receipt to prove the alleged payment of a fee; that their testimonies do not corroborate one another as to the payment to the accused of such amounts on such a date and place; and that their testimonies that accused refused to issue receipts runs counter to the presumption that persons take ordinary care of their concerns (Rule 131, Sec. 5 (d), Rules of Evidence). Accused-appellants insist that the illegal recruiter is one Rebecca de Jesus and that they themselves are victims of the latter. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52758 8/12

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