6/7/2020
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Version of the Prosecution
During trial, the prosecution presented the testimonies of private complainants Naty
Loman (Naty), Jessie Doculan (Jessie), and Roseliene Marcos. They testified that the
appellant recruited them to work as caregivers in the United Kingdom; that he charged
them P450,000.00 each for the processing of their visas and cost of plane fares; that
Naty paid appellant the amount of P400,000.00 while Jessie gave the amount of
P450,000.00; that they later discovered that the visas were fake and that appellant
was not authorized by the Philippine Overseas Employment Administration (POEA); that
they demanded the return of their monies; and that appellant returned only the
amounts of P50,000.00 to Naty and P10,000.00 to Jessie.[5]
Version of the Prosecution
Appellant on the other hand, denied that he recruited private complainants to work as
caregivers in the United Kingdom. He testified that he was engaged in the business of
processing student visa applications for those who want to study in the United
Kingdom; that the sums of money he received from private complainants were for the
payment of school tuition fees and the processing of the student visas; and that he was
not able to process their applications or refund their money because he was arrested.
[6]
Ruling of the Regional Trial Court
On April 3, 2010, the RTC rendered a Decision finding the appellant guilty of the
charges against him, the dispositive portion of which reads:
WHEREFORE, premises considered, the Court hereby renders as follows:
1) In Criminal Case No. 27516-R, the Court finds the accused
MOISES S. DEJOLDE, JR. GUILTY beyond reasonable doubt of the
crime of illegal recruitment in a large scale. He is sentenced to
suffer the penalty of life imprisonment; and to pay a fine of
Php100,000.00;
2) In Crim. Case No. [27602-R], the Court finds the accused
MOISES DEJOLDE, JR. GUILTY beyond reasonable doubt x x x of
the crime charged against him. There being no aggravating and
mitigating circumstances and applying the provisions of the
Indeterminate Sentence Law, he is hereby sentenced to suffer
the indeterminate penalty of imprisonment of 4 years, 2 months
and 1 day of prision correcional, as minimum, to 20 years of
reclusion temporal, as maximum. He is further ordered to pay
unto Jessie Doculan y Lingon, the amount of Php440,000.00 by
way of actual damages plus interest at the legal rate from the
date the Information was filed until the said amount is fully paid;
and
3) In Crim. Case No. [27592-R], the Court finds the accused
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