5/3/2021
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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
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