6/30/2021
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Finally, appellant denied knowing Magat, claiming that she knew of her as the person
who victimized Tucay earlier. She was jobless at that time and was likewise seeking
employment abroad and thus, familiar with some of the basic requirements like
passport, medical examination, placement fees, and tickets.[19]
RTC Ruling
On 23 July 2013, the RTC rendered a Decision,[20] finding appellant guilty beyond
reasonable doubt of the offense of Illegal Recruitment in Large Scale and three (3)
counts of Estafa. In so ruling, the RTC held that the complainants' positive, consistent,
and categorical testimonies as to how appellant defrauded them of their money
outweigh appellant's defense of pure denial. Likewise, the RTC noted that appellant
never contested that she received money from the complainants.[21]
CA Ruling
In a Decision[22] dated 23 August 2017, the CA sustained the judgment of the lower
court, stating that the prosecution was able to establish all the elements of Illegal
Recruitment in Large Scale and Estafa beyond reasonable doubt. The CA considered
doubtful appellant's defense that she was a fellow aspiring overseas Filipino worker in
view of her failure to produce any documentation to that effect. The CA however
modified the penalties imposed to properly graduate the same in accordance with the
Indeterminate Sentence Law[23] and to provide for the imposition of six percent (6%)
interest per annum on the civil liabilities awarded.
Upon Motion for Reconsideration,"[24] appellant prayed, among others, the application
of the provisions of RA 10951[25] which effectively reduced the penalty imposed for the
crime of Estafa based on the amount involved.
On 30 January 2018, the appellate court rendered the Amended Decision[26] which
partially granted appellant's Motion and reduced the penalty of imprisonment for the
three (3) counts of Estafa in view of RA 10951, the dispositive portion of which reads:
WHEREFORE, premises considered, the Motion for Reconsideration filed by
Ernalyn Palicpic y Mendoza alias "Ermalyn Mendoza”, "Lyn", and "Malyn" is
PARTLY GRANTED.
Accordingly, the Decision dated August 23, 2017 of this Court: (1) finding
accused-appellant Ernalyn Palicpic y Mendoza alias "Ermalyn Mendoza".
"Lyn", and "Malyn"' GUILTY beyond reasonable doubt of the crime of illegal
recruitment in large scale and sentencing accused-appellant to suffer the
penalty of life imprisonment and a fine of five hundred thousand pesos
(PhP500,000.00) in Criminal Case No. 10-276564; (2) finding accusedappellant GUILTY beyond reasonable doubt of the crime of estafa as defined
and punished under Article 315(2)(a) of the Revised Penal Code in Criminal
Case No. 10-276565 and ordering accused-appellant to indemnify private
complainant Christopher C. Yambao the amount of thirty-seven thousand
five hundred pesos (Php37,500.00); (3) finding accused-appellant GUILTY
beyond reasonable doubt of the crime of estafa as defined and punished
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