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77301 and 98-77302 are proper.
As for determining the maximum term in Criminal Case No. 98-77303, we take into
consideration that the amount of fraud was P28,000.00. Since the amount of fraud
exceeded P22,000.00, the maximum term shall be taken from the maximum period of
the prescribed penalty, which is 6 years, 8 months, and 21 days to 8 years; but since
the amount of fraud exceeded P22,000.00 by only P6,000.00 (less than P10,000.00),
no incremental penalty shall be imposed. Considering that the maximum term of 8
years fixed by the Court of Appeals in Criminal Case No. 98-77303 is within the
maximum period of the proscribed penalty, we see no reason for disturbing the same.
WHEREFORE, we DENY the present appeal for lack of merit and AFFIRM the Decision
dated March 2, 2006 of the Court of Appeals in CA-G.R. CR.-H.C. No. 00888, affirming
with modification the Decision dated April 17, 2000 of the Regional Trial Court, Quezon
City, Branch 104, in Criminal Case Nos. 98-77300 to 98-77303, to read as follows:
1. In Criminal Case No. 98-77300, accused-appellant Rosario "Rose" Ochoa is found
guilty beyond reasonable doubt of illegal recruitment in large scale, constituting
economic sabotage, as defined and penalized in Section 6(l) and (m), in relation to
Section 7(b), of Republic Act No. 8042, and is sentenced to life imprisonment and a fine
of One Million Pesos (P1,000.000.00);
2. In Criminal Case No. 98-77301, accused-appellant Rosario "Rose" Ochoa is found
guilty beyond reasonable doubt of the crime of estafa, as defined and penalized in
Article 315, paragraph 2(a) of the Revised Penal Code, and is sentenced to an
indeterminate penalty of two (2) years, eleven (11) months, and eleven (11) days of
prision correccional, as minimum, to six (6) years, eight (8) months, and twenty (20)
days of prision mayor, as maximum, and to indemnify private complainant Robert
Gubat in the amount of Fifteen Thousand Pesos (P15,000.00) as actual damages;
3. In Criminal Case No. 98-77302, accused-appellant Rosario "Rose" Ochoa is found
guilty beyond reasonable doubt of the crime of estafa, as defined and penalized in
Article 315, paragraph 2(a) of the Revised Penal Code, and is sentenced to an
indeterminate penalty of two (2) years, eleven (11) months, and eleven (11) days of
prision correccional, as minimum, to six (6) years, eight (8) months, and twenty (20)
days of prision mayor, as maximum, and to indemnify private complainant Cesar
Aquino in the amount of Seventeen Thousand Pesos (P17,000.00); and
4. In Criminal Case No. 98-77303, accused-appellant Rosario "Rose" Ochoa is found
guilty beyond reasonable doubt of the crime of estafa, as defined and penalized in
Article 315, paragraph 2(a) of the Revised Penal Code, and is sentenced to an
indeterminate penalty of four (4) years and two (2) months of prision correccional, as
minimum, to eight (8) years of prision mayor, as maximum, and to indemnify private
complainant Junior Agustin in the amount of Twenty-Eight Thousand Pesos
(P28,000.00).
SO ORDERED.
Corona, C.J., (Chairperson), Bersamin, Del Castillo, and Villarama, Jr., JJ., concur.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
19/23
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