DAY of prision correccional as minimum to SIX (6) YEARS and ONE (1) DAY
of prision mayor as maximum. The accused is further sentenced to pay complaining
witness Frennie Majarucon y Baco the amount of P20,000, without subsidiary
imprisonment in case of insolvency, plus the costs of suit.
(6) In Crim. Case No. 2865-V-93, the Court finds accused Marlene Olermo @
Marlene Tolentino guilty beyond reasonable doubt and as principal of the crime of
Estafa as defined and penalized under paragraph 2(a) in relation to the first paragraph
of Article 315 of the Revised Penal Code without any attending mitigating or
aggravating circumstance, and, applying the Indeterminate Sentence Law, hereby
sentences her to a penalty of FOUR (4) YEARS and TWO (2) MONTHS ofprision
correccional as minimum to EIGHT (8) YEARS of prision mayor as maximum. The
accused is further sentenced to pay complaining witness Alfred Bryant Berador y
Ochoa the amount of P25,350, without subsidiary imprisonment in case of insolvency,
plus the costs of suit.
SO ORDERED.
[21]
Appeal followed and the following are assigned as errors:
I
The trial court gravely erred in giving full weight and credence to the testimonies of
the prosecution witnesses and in not considering the defense interposed by the
accused-appellant.
II
The court a quo gravely erred in convicting accused-appellant of the crimes charged
despite failure of the prosecution to prove her guilt beyond reasonable doubt.
III
The court a quo gravely erred in finding the accused-appellant guilty beyond
reasonable doubt of the crime of large-scale recruitment despite its lack of
jurisdiction.
IV
The court a quo gravely erred in disregarding the right of the appellant to have a
competent and independent counsel.
V