Correction of the trial courts penalty imposed upon appellant in Criminal Case No.
2863-V-93 is therefore likewise called for. Article 315 of the Revised Penal Code
provides:
Article 38. Swindling (estafa). ---Any person who shall defraud another by any of the
means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over P12,000 but does not
exceed P22,000; and if such amount exceeds the latter sum, the penalty provided in
this paragraph shall be imposed in its maximum period, adding one year for each
additional P10,000; but the total penalty which may be imposed shall not exceed
twenty years. In such cases, and in connection with the accessory penalties which may
be imposed and for the purpose of the other provisions of this Code, the penalty shall
be termed prision mayor or reclusion temporal, as the case may be; x x x.
Hence, applying the Indeterminate Sentence Law, the accused in Criminal Case
No. 2863-V-93 shall be sentenced to a penalty of four (4) years and two (2) months
of prision correccional as minimum to ten (10) years of prision mayor as maximum.
With respect to Criminal Case No. 2862-V093, the prosecution failed to fulfill its duty
to produce evidence showing appellants guilt beyond reasonable doubt of the charges
of estafa committed against Mary Jane Aquino-Villanueva. Absolute certainty of guilt is
not demanded by the law to convict of any criminal charge but moral certainty is
required, and this certainty is required as to every proposition of proof requisite to
constitute the offense.[32] In the said criminal case for estafa, no proof whatsoever was
adduced by the prosecution. The offended party, Mary Jane Aquino-Villanueva, was not
even asked to testify in open court.
WHEREFORE, judgment is hereby rendered as follows:
I. The judgment of the trial court in Criminal Case No. 2860-V-93 finding appellant
Marlene Olermo a.k.a. Marlene Tolentino guilty of Illegal Recruitment in Large Scale
and sentencing her to life imprisonment, as well as to pay a fine of One Hundred
Thousand Pesos (P100,000) is AFFIRMED.
II. The judgments in Criminal Cases Nos. 2861-V-93, 2864-V-93 and 2865-V-93,
finding appellant guilty beyond reasonable doubt of four separate offenses of estafa are
AFFIRMED in toto.
III. The judgment in Criminal Case No. 2863-V-93 finding appellant guilty beyond
reasonable doubt of estafa is MODIFIED, insofar as appellant is hereby sentenced to
FOUR (4) YEARS and TWO (2) MONTHS of prision correccional as minimum to TEN
(10) YEARS of prision mayor as maximum and that appellant is further ordered to pay
complainant Ariston B. Villanueva the amount of P51,000, without subsidiary
imprisonment in case of insolvency, plus costs of suit.