G.R. No. 175229 7 of 14 http://sc.judiciary.gov.ph/jurisprudence/2009/jan2009/175229.htm Comila was likewise correctly convicted by the RTC of the crime of simple Illegal Recruitment. The sentence pronounced by the RTC, was proper. In Criminal Case No. 00-180519, Grace Calimon was properly found guilty of Estafa through false pretenses. Since the amount defrauded from Fe Magnaye was P35,000.00, the penalty imposed by the RTC was proper. In Criminal Case No. 00-180520, since the amount defrauded from Lucila Agramon is P17,500.00, the correct penalty that should be imposed upon Calimon and Comila, in the absence of any modifying circumstances, should be the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and twenty (20) days of prision mayor, as maximum. In Criminal Case No. 00-180521, the amount involved is P17,500.00. There being no modifying circumstances, the penalty imposed by the trial court on Calimon is correct. However, it has been duly proven that Comila was a conspirator to the crime subject of this case. In view of her acquittal by the RTC, this matter can no longer be questioned in this appeal on the ground of double jeopardy. However, Comila should be made solidarily liable with Calimon to indemnify P17,500.00 to Daisy Devanadera, since Comilas acquittal on the ground of reasonable doubt did not declare whether the facts from which the civil liability might arise did not exist (Last paragraph, Section 2, Rule 120, Rules of Court). WHEREFORE, premises considered, the May 21, 2001 Decision of the Regional Trial Court (RTC) of Manila, Branch 35, in Criminal Cases Nos. 00-179745; 00-180519; 00-180520; and 00-180521, is hereby AMENDED to read as follows: WHEREFORE, judgment is rendered: A. In Criminal Case No. 00-179745, (1) pronouncing accused GRACE CALIMON guilty beyond reasonable doubt of illegal recruitment in large scale and sentencing said accused to life imprisonment and to pay a fine of P1,000,000.00; and (2) pronouncing accused AIDA COMILA guilty beyond reasonable doubt of simple illegal recruitment and sentencing said accused to imprisonment from eight (8) to ten (10) years, and to pay a fine of P300,000.00. With costs against the two accused in proportionate shares; B. In Criminal Cases Nos. 00-180519 and 00-180521, pronouncing accused GRACE CALIMON guilty beyond reasonable doubt of two counts of estafa defined under paragraph 2 (a) of Article 315 of the Revised Penal Code, and (1) sentencing said accused in Criminal Case No. 00-180519 to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to nine (9) years of prision mayor as maximum; and (2) sentencing said accused in Criminal Case No. 00-180521, to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and twenty (20) days of prision mayor, as maximum; and to pay the costs for each case. C. In Criminal Case No. 00-180520, pronouncing accused GRACE CALIMON and AIDA COMILA guilty beyond reasonable doubt of estafa defined under paragraph 2 (a) Article 315 of the Revised Penal Code, and sentencing each of the said accused to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and Twenty (20) days of prision mayor, as maximum, and to pay the costs in equal shares. In the service of her (accused Aida Comila) sentence in Criminal Case No. 00-179745, and the respective sentences of both accused in Criminal Cases Nos. 00-180519, 00-180520 and 00-180521, inclusive, the period during which they have been under preventive imprisonment should be credited in their favor provided that they agreed voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, they should be credited with four-fifths only of the time they have been under preventive imprisonment. 1/25/2016 5:55 AM