6/7/2020
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Lingon, the amount of Four Hundred Forty Thousand
(P440,000.00) pesos 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.
3) In Criminal Case No. [27592-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 Naty Loman y
Nabehet, the amount of three hundred fifty thousand
(P350,000.00) pesos by way of actual damage plus
interest at the legal rate from the date the Information
was filed until the said amount is fully paid.
SO ORDERED.'
SO ORDERED.[9]
Hence, appellant filed the instant appeal.
The Court required both parties to file their respective supplementary briefs; however,
they opted not to file the same.[10]
The Court's Ruling
The appeal is bereft of merit.
After a careful review of the records of this case, the Court finds that the prosecution,
through its witnesses, was able to prove that appellant recruited private complainants
tor employment as caregivers in the United Kingdom and that he collected money from
them in the process. Appellant's defense of mere denial could not prevail over the
positive testimonies of the prosecution's witnesses as the Court often views with
disfavor the defense of denial, especially if it is not substantiated by any clear and
convincing evidence.[11] It is an inherently weak defense as it is a self-serving negative
evidence that cannot be given more evidentiary weight than the affirmative
declarations of credible witnesses.[12]
Moreover, it is a settled rule that factual findings of the trial courts are accorded great
respect because they are in the best position to assess the credibility of the witnesses
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