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with her when she convinced him that she could process his passport and
papers to Korea.
He denied he was present when the complainants gave their payments to
[Daud]. He insisted that he was not involved with [Daud]’s business and
that he was always out of the house as he would often go to Cavite to ask
for financial help from his siblings. x x x.[17] (Citations omitted.)
In its Decision dated March 18, 2011, the Court of Appeals affirmed appellant’s
conviction by the RTC, but modified the indeterminate penalties imposed on appellant
for the three counts of estafa. The appellate court decreed:
WHEREFORE, the appealed decision finding accused-appellant RODERICK
GALLEMIT y TOLENTINO guilty beyond reasonable doubt of Illegal
Recruitment in Large Scale and of Estafa is AFFIRMED with modification
with respect to the indeterminate penalties imposed on appellant for the
three counts of estafa, to wit:
(1) In Criminal Case No. 03-0123, appellant is sentenced to
suffer the indeterminate penalty of two (2) years and four (4)
months of prision correccional as minimum to thirteen (13)
years of reclusion temporal as maximum.
(2) In Criminal Case No. 03-0127, appellant is sentenced to
suffer the indeterminate penalty of two (2) years and four (4)
months of prision correccional as minimum to nine (9) years of
prision mayor as maximum.
(3) In Criminal Case No. 03-0130, appellant is sentenced to
suffer the indeterminate penalty of two (2) years and four (4)
months of prision correccional as minimum to twelve (12)
years of prision mayor as maximum.
In all other respects, the assailed Decision is AFFIRMED.[18]
Hence, appellant comes before us via the instant appeal with the same assignment of
errors which he raised before the Court of Appeals:
I
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSEDAPPELLANT OF LARGE-SCALE ILLEGAL RECRUITMENT AND ESTAFA DESPITE
THE PROSECUTION’S FAILURE TO PROVE HIS GUILT BEYOND REASONABLE
DOUBT.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079
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