4/16/2021
E-Library - Information At Your Fingertips: Printer Friendly
"WHEREFORE, Judgment is hereby rendered as follows:
"1. In Crim. Case No. 13997-R, the Court finds the accused Nellie Cabais
guilty beyond reasonable doubt by direct participation in conspiracy with
others (who will still be tried separately) of the offense of illegal recruitment
in a large scale and by a syndicate as defined and penalized under Article 38
(a) and (b) in relation to Article 13 (b), 16, 34 and 39 (a) of PD 442 as
amended by PD 1920 and PD 2018 of the Labor Code of the Philippines and
hereby sentences her to Life Imprisonment and to pay the Fine of
P100,000.00 and to pay the costs.
"The accused Nellie Cabais being a detention prisoner is entitled to be
credited with 4/5 of her preventive imprisonment in accordance with Article
29 of the Revised Penal Code in the service of her sentence.
"2. In Crim. Case No. 13999-R, the Court finds accused Nellie Cabais guilty
beyond reasonable doubt by direct participation in conspiracy with others
(who will still be tried separately) of the crime of estafa as defined and
penalized under Article 315 first paragraph in relation to No. 2 (a) of the
same Article and sentences her, applying the Indeterminate Sentence Law,
to an imprisonment ranging from 6 months and 1 day of prision correccional
as minimum to 7 years 8 months and 21 days of prision mayor as maximum
and to indemnify the offended party, Joan Merante, the amount of
P40,000.00 as actual damages without subsidiary imprisonment in case of
insolvency and the pay the proportionate costs.
"The accused Nellie Cabais being a detention prisoner is entitled to be
credited with 4/5 of her preventive imprisonment in accordance with Article
29 of the Revised Penal Code in the service of her sentence.
"3. In Crim. Case No. 14000-R, the Court finds the accused Nellie Cabais
guilty beyond reasonable doubt by direct participation in conspiracy with
others (who will still be tried separately) of the crime of estafa as defined
and penalized under Article 315, first paragraph in relation to No. 2 (a) of
the same Article and sentences her, applying the Indeterminate Sentence
Law, to an imprisonment ranging from 6 months and 1 day of prision
correccional as minimum to 6 years 8 months and 20 days of prision mayor
as maximum; and to indemnify the offended party, Nancy Oidi, the amount
of P21,000.00 as actual damages without subsidiary imprisonment in case of
insolvency and to pay the proportionate costs.
"The accused Nellie Cabais being a detention prisoner is entitled to be
credited 4/5 of her preventive imprisonment in accordance with Article 29 of
the Revised Penal Code in the service of her sentence.
"4. In Criminal Case No. 14001-R, the prosecution having failed to prove her
guilty beyond reasonable doubt, the Court hereby acquits Nellie Cabais of
the offense of estafa as charged in the said information where Daisy Tostos
is the complainant. Costs de oficio.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50735
5/10