In Criminal Case No. 92-CR-1415 where appellant defrauded Cherry Pi-ay in the amount of
P18,000.00, appellant, besides paying Cherry Pi-ay that amount by way of actual damages, shall
also suffer the indeterminate penalty of one (1) year, eight (8) months and twenty-one (21) days
of prision correccional minimum to five (5) years, five (5) months and eleven (11) days of
prision correccional maximum.
In Criminal Case No. 92-CR-1426 where appellant defrauded Corazon del Rosario in the amount
of P40,000.00, appellant shall suffer the indeterminate penalty of two (2) years, four (4) months
and one (1) day of prision correccional medium to seven (7) years, eight (8) months and twentyone (21) days of prision mayor minimum.
In Criminal Case No. 92-CR-1428 where appellant fraudulently solicited the amount of
P24,200.00 from Arthur Juan, appellant shall pay him actual damages in that amount and shall
suffer the indeterminate penalty of from one (1) year, eight (8) months and twenty-one (21) days
(imposed by the court a quo) of prision correccional minimum period to six (6) years, eight (8)
months and twenty-one (21) days of prision mayor minimum.
In Criminal Case No. 92-CR-1652 where appellant defrauded Adeline Tiangge the amount of
P18,500.00, appellant shall pay her the same amount as actual damages and shall suffer the
indeterminate penalty of from one (1) year, eight (8) months and twenty-one (21) days of prision
correccional minimum to five (5) years, five (5) months and eleven (11) days of prision
correccional maximum.
In Criminal Case No. 93-CR-1645, the prosecution has successfully established its case against
appellant for illegal recruitment in large scale. Evidently banking on her reputation in the
community as a job recruiter, appellant was able to make the seven complainants believe that
they could land various jobs in Taiwan. Confident of her assurances, each complainant parted
with P25,000.00 for supposed processing and placement fees.
It would appear that of the seven complainants for illegal recruitment in large scale, only
fivelxix[69] of them filed separate charges of estafa against appellant. Accordingly, appellant was
only and could only be held liable for five counts of estafa arising from the charge of illegal
recruitment in large scale. Since appellant collected the amount of P25,000.00 from each of the
five (5) victims, she must be held subject to the penalty in its maximum period or prision mayor
in its minimum period (not any higher on account of the fact that the amount in excess of
P22,000.00 provided for by Article 315 of the Revised Penal Code is less than P10,000.00).lxx[70]
Applying the Indeterminate Sentence Law, and there being no attending circumstances, appellant
shall bear, the indeterminate penalty of one (1) year, eight (8) months and twenty-one (21) days
of prision correccional medium as minimum penalty to six (6) years, eight (8) months and
twenty-one (21) days of prision mayor minimum as maximum penalty for each offense. In
addition, appellant should pay the five (5) victims the amount of P25,000.00 each as actual
damages.
The actual damages awarded here shall be subject to diminution or cancellation should it be
shown that appellant had already paid the complainants.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents