6/7/2020
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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 correccional, as minimum, to 20 years of
reclusion temporal, as maximum. He is further ordered to pay
unto Naty Loman y Nabehet the amount of Php350,000.00 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.
SO ORDERED.[7]
Ruling of the Court of Appeals
Appellant elevated the case to the CA.
On July 31, 2014, the CA rendered the assailed Decision, affirming the RTC Decision
with modifications. The CA increased to P1,000,000.00 the fine imposed in the case of
illegal recruitment in large scale pursuant to Section 7 of RA 8042 and People v. Chua,
[8] as well modified the indeterminate sentence imposed in the estafa cases, to wit:
WHEREFORE, the instant appeal is DENIED. Accordingly, the Decision of
Branch 60, Regional Trial Court of Baguio City, dated 03 April 2010, is
hereby AFFIRMED with MODIFICATION, thus:
'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 penalty of life
imprisonment and to pay a fine of one million
(P1,000,000.00) pesos.
2) In Criminal Case No. [27602-R], the Court finds the
accused MOISES S. DEJOLDE, JR., GUILTY beyond
reasonable doubt of the crime charged against him.
There
being
no
aggravating
and
mitigating
circumstances
and
applying
the
provisions
of
Indeterminate Sentence Law, he is hereby sentenced to
suffer the indeterminate penalty of four (4) years and
two (2) months of prision correccional, as minimum, to
twenty (20) years of reclusion temporal, as maximum.
He is further ordered to pay unto Jessie Doculan y
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63835
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