G.R. No. 181475
4 of 10
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/181475.htm
appellant because Gimeno was nowhere to be found.
Appellant, denying all the accusations against him, claimed as follows: He was a driver
hired by the real recruiter, Gimeno, whom he met inside the Victory Liner Bus bound for
Manila in September, 2000. It was Gimeno who undertakes recruitment activities in
Dakila, Malolos, Bulacan at the residence of Eddie Simbayan, and that the other cases for
illegal recruitment filed against him before other courts have all been dismissed.
Appellant likewise presented as witnesses private complainants Enrico Espiritu and
Roberto Castillo who corroborated his claim that it was Gimeno who actually recruited
them, and that the filing of the complaint against appellant was a desperate attempt on their
part to get even because Gimeno could not be located.
By Joint Decision dated October 19, 2004, the trial court found appellant guilty beyond
reasonable doubt of Illega
l Recruitment (Large Scale) and of 2 counts of Estafa, viz:
WHEREFORE, in Criminal case No. 1224-M-2001, for Illegal Recruitment (Large Scale),
this Court finds the accused LARRY DOMINGO GUILTY beyond reasonable doubt of
violation of Article 38(b) of the Labor Code, as amended, in relation to Article 13 (b) and
34 of the same Code (Illegal Recruitment in Large Scale) and hereby sentences him to
suffer the penalty of life imprisonment and pay a fine of P100,000.00.
Accused is further ordered to pay the following complainants the amounts opposite their
names as actual or compensatory damages, to wit:
1.
2.
3.
4.
Rogelio Cambay P15,000.00
Dionisio Aguilar P30,000.00
Florentino Ondra P14,700.00
Ma. Lea Vivas P10,000.00
In Criminal Case No. 1243-M-2001 for Estafa, this Court finds the accused LARRY
DOMINGO GUILTY beyond reasonable doubt of Estafa under Article 315 par. 2(a) of the
Revised Penal Code and hereby sentences him to a prison term ranging from Two (2)
Years, Eleven (11) Months and Eleven (11) Days of prision correcional as minimum up to
Eight (8) Years of prision mayor as maximum.
In Criminal Case No. 1246-M-2001 for Estafa, this Court finds the accused LARRY
DOMINGO GUILTY beyond reasonable doubt of Estafa under Article 315 par. 2(a) of the
Revised Penal Code and hereby sentences him to a prison term ranging from Two (2)
Years, Eleven (11) Months and eleven (11) Days of prision correcional as minimum up to
Nine (9) Years of prision mayor as maximum.
In Criminal Cases Nos. 1225-M-2001 to 1242-M-2001 and 1244-M-2001, 1245-M-2001
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