People vs Reyes : 104739-44 : November 18, 1997 : J. Panganiban : Th... 2 of 11 http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/104739_44.htm then and there willfully, unlawfully and feloniously defraud TERESITA D. CARILLO in the following manner, to wit: the said accused, by means of false manifestations and fraudulent representation which they made to said Teresita D. Carillo to the effect that they had the power and capacity to recruit and employ said complainant abroad and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said Teresita D. Carillo to give and deliver, as in fact she gave and delivered to said accused the amount of P13,000.00 on the strength of said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain, as in fact they did obtain the amount of P13,000.00 which amount once in their possession, with intent to defraud, they willfully, unlawfully and feloniously misappropriated, misapplied and converted to their personal use and benefit, to the damage and prejudice of said TERESITA D. CARILLO in the aforesaid amount of P13,000.00, Philippine Currency.[6] Only Appellant Rodolfo Caures was arrested. Upon his arraignment on August 29, 1990 before Branch XLII of the Regional Trial Court, Appellant Caures, assisted by counsel de oficio,[7] pleaded not guilty to Criminal Case Nos. 90-83387 to 90-83391. On October 26, 1990, appellant, this time assisted by counsel de parte,[8] was also arraigned before Branch XLIX in Criminal Case No. 90-83386. He entered a plea of not guilty. On December 5, 1990, all the said criminal cases were consolidated and jointly tried before Branch XLIX. After trial on the merits, the trial court convicted herein appellant of illegal recruitment in large scale and five counts of estafa, viz.:[9] WHEREFORE, judgment is hereby rendered in the following cases, as follows: 1. In People versus Rodolfo Caures, et al., Criminal Case No. 90-83386, the Court found the Accused Rodolfo Caures guilty beyond reasonable doubt of the crime of violation of Articles 38 and 39 of the Labor Code, as amended, and hereby metes on him, pursuant to Article 38(b) in relation to Article 39(a) of the Labor Code, as amended, the penalty of LIFE IMPRISONMENT, and hereby condemns him to pay a fine of P100,000.00, without subsidiary imprisonment in case of insolvency. 2. In People versus Rodolfo Caures, et al., Criminal Case No. 90-83387, the Court found the Accused Rodolfo Caures guilty beyond reasonable doubt of the crime of Estafa defined in and penalized by Article 315, paragraph 2(a) of the Revised Penal Code and, conformably with Article 315, first paragraph of the same Code, hereby imposes on said Accused an indeterminate penalty of from One (1) Year, Eight (8) Months and Twenty One (21) days of Prision Correccional, as Minimum, to Five (5) Years, Five (5) Months and Eleven (11) Days, of Prision Correccional, as Maximum; 3. In People versus Rodolfo Caures, et al., Criminal Case No. 90-83388, the Court found the Accused Rodolfo Caures guilty beyond reasonable doubt of the crime of Estafa defined in and penalized by Article 315, paragraph 2(a) of the Revised Penal Code and, conformably with Article 315, first paragrpah [sic] of the same Code, hereby imposes on said Accused an indeterminate penalty of from One (1) Year, Eight (8) Months and Twenty One (21) Days of Prision Correccional as Minimum, to Five (5) Years, Five (5) Months and Eleven (11) Days, of Prision Correccional, as Maximum. 4. In People versus Rodolfo Caures, et al., Criminal Case No. 90-83388, the Court found the Accused Rodolfo Caures guilty beyond reasonable doubt of the crime of Estafa defined in and penalized by Article 315, paragraph 2(a) of the Revised Penal Code and, conformably with Article 315, first paragraph of the same Code, hereby imposes on said Accused an indeterminate penalty of from One (1) Year, Eight (8) Months and Twenty One (21) Days of Prision Correccional as Minimum, to Five (5) Years, Five (5) Months and Eleven (11) Days, of Prision Correccional, as Maximum; 5. In People versus Rodolfo Caures, et al., Criminal Case No. 90-83390, the Court found the Accused 1/25/2016 12:35 AM