b) In Criminal Case No. 93-128141, finding accused Nenita Juego guilty beyond reasonable
doubt of having committed estafa under Article 315 (2) (a) of the Revised Penal Code and
hereby sentencing her in accordance with the 1st paragraph of Article 315 of the Revised Penal
Code the indeterminate penalty of not less than two (2) years of prision correccional as
minimum and not more than nine (9) years of prision mayor as maximum, with all the accessory
penalties provided for by law and to pay the costs and to restitute to Anastacio Magleo the
aggregate amount of P21,315.00 representing the payments made to accused;
c) In Criminal Case No. 93-128142, finding accused Nenita Juego not guilty on the ground of
insufficiency of evidence;
d) In Criminal Case No. 93-128143, finding accused Nenita Juego guilty beyond reasonable
doubt of estafa under Article 315 (2) (a) of the Revised Penal Code and hereby sentencing her in
accordance with the 1st paragraph of Article 315 of the Revised Penal Code to serve the penalty
of not less than two (2) years of prision correccional as minimum and not more than eight (8)
years of prision mayor as maximum, with all the accessory penalties provided by law and to pay
the costs and to restitute to Raul Romero the aggregate amount of P30,115.00 representing the
payments made to accused.vi[6]
As regards accused Wilfredo Gaerlan, a warrant for his arrest stands.
The antecedents: Sometime in April 1992 Anastacio Magleo met Nenita in Laoac, Pangasinan,
through his sister-in-law. Nenita convinced him to apply as factory worker in Taiwan with a
salary of approximately $500.00 a month with free accommodation. For this purpose, she
persuaded him to give an initial payment for processing fee.
On 10 October 1992 Anastacio went to Nenita's office, AJ International Trade Link, at Amparo
Building, Espaa St., Sampaloc, Manila, where he gave her an initial payment of P15,000.00. She
issued a receiptvii[7] but signed the name of her husband Abelardo Juego thereon with the
excuse that he was out of town. She told Anastacio that she would be able to send him to Taiwan
that month but first he must pay the balance of the fee. She even showed him certain job orders
from Taiwan and a Block Visa. Also, on the same day, Anastacio gave Wilfredo Gaerlan,
secretary of Abelardo, P1,115.00 in payment for insurance as evidenced by a PHILAM
temporary receipt.viii[8]
On 28 October 1992 Anastacio returned to the office of Nenita and gave her an additional
P5,200.00 as evidenced by a receiptix[9] signed by her in the name of her husband. She assured
Anastacio that in case he could not leave as she previously committed, he would go in the first
week of November. When the promised date came, Wilfredo told him to wait. Anastacio just did
what he was told and waited for more than a year. After biding his time and getting tired of
waiting, he returned to the office of the AJ International Trade Link to withdraw his payments
but could not find Nenita there. He eventually found her in the house of her brother-in-law where
she tried to convince him not to withdraw his payments because there was a job order coming
from Malaysia. He stubbornly insisted on a refund but to no avail.