6/9/2020
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and 21 days of prision mayor.
In Criminal Cases No. 19694-R, Ferrer was defrauded of the amount of P70,000.00, for
which the Court of Appeals sentenced Ocden to an indeterminate penalty of 4 years
and 2 months of prision correccional, as minimum, to 12 years of prision mayor, as
maximum. Upon recomputation, we also have to modify the maximum term of the
indeterminate sentence imposed upon Ocden in Criminal Case No. 19694-R. Given that
the amount defrauded exceeds P22,000.00 by P48,000.00, 4 years shall be added to
the maximum period of the prescribed penalty (anywhere between 6 years, 8 months,
and 21 days to 8 years). There likewise being no aggravating circumstance in this
case, we add the 4 years of incremental penalty to the lowest of the maximum period,
which is 6 years, 8 months, and 21 days. The maximum term, therefor, of Ocden's
indeterminate sentence in Criminal Case No. 19694-R is only 10 years, 8 months, and
21 days of prision mayor.
WHEREFORE, the instant appeal of accused-appellant Dolores Ocden is DENIED. The
Decision dated April 21, 2006 of the Court of Appeals in CA-G.R. CR.-H.C. No. 00044 is
AFFIRMED with MODIFICATION to read as follows:
1. In Criminal Case No. 16315-R, the Court finds the accused, Dolores Ocden, GUILTY
beyond reasonable doubt of the crime of Illegal Recruitment committed in large scale
as defined and penalized under Article 13(b) in relation to Articles 38(b), 34 and 39 of
the Labor Code, as amended. She is hereby sentenced to suffer the penalty of life
imprisonment and to pay a fine of P500,000.00;
2. In Criminal Case No. 16316-R, the Court finds the accused, Dolores Ocden, GUILTY
beyond reasonable doubt of the crime of estafa and sentences her to an indeterminate
penalty of 2 years, 11 months, and 10 days of prision correccional, as minimum, to 7
years, 8 months, and 21 days of prision mayor, as maximum, and to indemnify Jeffries
Golidan the amount of P40,000.00;
3. In Criminal Case No. 16318-R, the Court finds the accused, Dolores Ocden, GUILTY
beyond reasonable doubt of the crime of estafa and sentences her to an indeterminate
penalty of 2 years, 11 months, and 10 days of prision correccional, as minimum, to 7
years, 8 months, and 21 days of prision mayor, as maximum, and to indemnify Howard
Golidan the amount of P40,000.00; and
4. In Criminal Case No. 16964-R, the Court finds the accused, Dolores Ocden, GUILTY
beyond reasonable doubt of the crime of estafa and sentences her to an indeterminate
penalty of 4 years and 2 months of prision correccional, as minimum, to 10 years, 8
months, and 21 days of prision mayor, as maximum, and to indemnify Rizalina Ferrer
the amount of P70,000.00.
SO ORDERED.
Corona, C.J., (Chairperson), Velasco, Jr., Peralta,* and Perez, JJ., concur.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842
17/19
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