5/28/2020
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The prosecution offered as evidence the Philippine Overseas Employment
Administration (POEA) Certification dated September 19, 2002 stating that Green
Pasture Worldwide Tour and Consultancy, with address at India St., Don Bosco,
Parañaque City, set up and operated by appellant and his co-accused, is not licensed to
recruit workers for overseas employment.[12] Of all the private complainants, only De
Guzman, Decena, and Poserio testified against Gallemit. The presentation of a POEA
representative was dispensed with after the defense admitted the due execution and
genuineness of the POEA Certification dated September 19, 2002.[13] Evidence for the
defense consisted solely of appellant’s testimony.
After trial on the merits, the RTC rendered its Decision dated January 15, 2007 finding
appellant guilty of Illegal Recruitment in Large Scale and Estafa on three (3) counts.
The dispositive portion of the judgment reads:
WHEREFORE, judgment is hereby rendered as follows:
(1) In Criminal Case No. 03-0122, the Court finds accused Roderick
Gallemit y Tolentino, GUILTY BEYOND REASONABLE DOUBT as
principal of the crime of Illegal Recruitment in Large Scale in violation
of Section 6 in relation to Section 7 of RA 8042, otherwise known as
the Migrant Workers and Overseas Filipinos Act of 1995 and hereby
sentences him to a penalty of life imprisonment and a fine of Five Hundred
Thousand Pesos (P500,000.00).
(2) In Criminal Case No. 03-0123, 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 thirteen (13)
years 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 complaining witness Marcelo De Guzman y Ignacio
the amount of Eighty Thousand Pesos (P80,000.00) plus twelve percent
(12%) interest from the date of the filing of the Information on February 3,
2003, with subsidiary imprisonment in case of insolvency, plus the costs of
suit;
(3) In Criminal Case No. 03-0127, 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, four (4) months as minimum to nine (9) years 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
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