7/7/2021
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Accordingly, pursuant to Sec. 7(b) of R.A. 8042, "Migrant Workers and
Overseas Filipinos Act of 1995", accused Oliver Imperio y Antonio is
sentenced to suffer the penalty of life imprisonment and a fine of Five
Hundred Thousand Pesos (Php500,000.00). He is likewise ordered to pay the
private complainants the following amounts as actual damages, to wit: 1)
Shane Llave - Php 7,000.00; 2) Edralin Sta. Maria - Php7,000.00; and 3)
Magellan Concrenio III - Php10,000.00
Let a mittimus order be issued to transfer custody of the accused to National
Bilibid Prisons, Muntinlupa City.
SO ORDERED.[13]
Aggrieved, appellant appealed the Judgment to the CA.
Ruling of the Court of Appeals:
On February 10, 2017, the CA rendered its assailed Decision[14] affirming with
modifications the Judgment of the RTC. The dispositive portion of the CA Decision
reads:
WHEREFORE, premises considered, the appeal is DENIED. The March 16,
2016 Judgment of the Regional Trial Court, Branch 166, Pasig City in
Criminal Case No. 146959 is hereby AFFIRMED. In addition, accused--
appellant is obliged to pay the interest of 6% per annum on the respective
sums due to each of the complainants, to be reckoned from the finality of
this decision until fully paid considering the amount to be restituted became
determinate only through this adjudication.
SO ORDERED.[15]
The CA held that the appellant's testimony is self-serving and uncorroborated, and that
his denial of any illegal recruitment activity "cannot stand against the prosecution
witnesses' positive identification of appellant as the person who induced them to part
with their money upon the misrepresentation and false promise of deployment abroad."
[16] The appellate court also gave respect to the RTC's factual findings and assessment
of the credibility of the prosecution's witnesses. It noted that the prosecution witnesses
corroborated each others testimonies-that appellant represented to the private
complainants of his resources and ability to send them abroad for employment. The CA
also found that appellant was, in no manner, authorized by law to engage in the
recruitment and placement of workers, as evidenced by a Certification[17] issued by the
POEA. It also held that there were at least three (3) victims in this case who all testified
before the RTC in support of their respective complaints, which therefore made
appellant liable for Illegal Recruitment in Large Scale.
Proceedings before this Court:
Appellant now seeks affirmative relief from this Court and pleads for his acquittal.
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