carries, pursuant to Article 38, in relation to Article 39, of the Labor Code, the penalty of
life imprisonment and a fine of One Hundred Thousand Pesos.
Appellant, through misrepresentations and deceit, has likewise succeeded in defrauding
complainant Jose Jugo in the sum of P70,000 and complainant Reynaldo Jugo in the
amount of P20,500. These acts have independently transgressed Article 315 of the
Revised Penal Code. Estafa, pursuant to that law, is committed by a person who
defrauds another by abuse of confidence or deceit to the latter's damage. If the amount
of the fraud is over P12,000 but does not exceed P22,000, the penalty of prision
correccional in its maximum period to prision mayor in its minimum period is imposed; if
the fraud exceeds P22,000, the above prescribed penalty is imposed in its maximum
period, adding one year for each additional P10,000, provided, however, that the total
penalty shall not exceed twenty years.
The Court agrees with the observation of the Solicitor General that the trial court erred
neither in its findings nor in its judgment appealed from.
WHEREFORE, the decision of the court a quo is AFFIRMED. Costs against appellant.
SO ORDERED.
Davide, Jr., (Chairman), Bellosillo, and Kapunan, JJ., concur.
i[1]
Records, p. 2.
ii[2]
Ibid., p. 10.
iii[3]
Ibid., p. 11.
iv[4]
Rollo, pp. 134-144.
v[5]
Rollo, pp. 86-89.
vi[6]
Rollo, p. 21.
vii[7]
Rollo, pp. 90-91.
viii[8]
He testified that it was signed under duress (Reynaldo Jugo, TSN, 22 February 1994, p. 6).
ix[9]
Rollo, pp. 20-21.
x[10]
Jose Jugo, TSN, 08 September 1992, pp. 6-12.
xi[11]
Reynaldo Jugo, TSN, 18 August 1992, pp. 3-12.
xii[12]
Rosita Jugo, TSN, 13 October 1992, pp. 2-4.
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