5/28/2020
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further sentenced to pay the costs of suit; and
(4) In Criminal Case No. 03-0130, the Court finds accused Roderick
Gallemit y Tolentino GUILTY BEYOND REASONABLE DOUBT as
principal of the crime of Estafa under Article 315 paragraph 2(a) of the
Revised Penal Code and hereby sentences him to suffer the Indeterminate
Penalty of two (2) years and four (4) months as minimum to twelve (12)
years and two (2) months as maximum which carries with it the accessory
penalty of suspension from public office, from the right to follow a profession
or calling, and that of perpetual special disqualification from the right of
suffrage. The accused is further sentenced to pay costs of suit.
(5) Criminal Case Nos. 03-0124, 03-0125, 03-0126, 03-0128, and
03-0129, for failure to prosecute, are hereby ordered Dismissed, as against
accused Roderick Gallemit.
Considering that accused ANGELITA I. DAUD and
HANELITA M.
GALLEMIT remain at large for more than six (6) months since the issuance
and delivery of the warrant of arrest to the proper police or peace officer, the
cases against them are hereby ordered ARCHIVED pursuant to
Administrative Circular No. 7-A-92. Let an alias warrant of arrest be issued
against them.[14]
Following the denial of his Motion for Reconsideration by the RTC in an Order[15] dated
April 3, 2007, appellant filed an appeal before the Court of Appeals.
The Court of Appeals summarized the private complainants’ testimonies against
appellant, viz:
Marcelo de Guzman [(De Guzman)], a dentist by profession with a clinic in
Bulacan, testified that sometime in January 2001, he was introduced by his
patient Modesta Marqueda to her cousin, accused [Daud].
[Daud]
encouraged [De Guzman] to apply for work abroad and convinced him that
she would be able to send him to Korea. To prove to [De Guzman] that she
was capable of sending workers abroad, [Daud] invited him to visit her office
located at Taft Avenue, Manila.
A month later, [De Guzman] and his cousins Maricel Rayo, Brigida Rayo,
Myrna Crisostomo, Francisco Poserio, Evangeline Relox, [Decena] and Nenita
Policarpio, went to see [Daud] at the Jemimah International Manpower
Services, located at Taft Avenue, Manila where the latter was then working
as a liaison officer. The group was shown job orders and photos of [Daud]
with Korean employees to prove that she was indeed sending workers
abroad. It was at this office that [De Guzman] first met [appellant] and
[Hanelita].
Meanwhile, [Daud], together with [Hanelita] and [appellant], put up their
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4/19