6/30/2021
E-Library - Information At Your Fingertips: Printer Friendly
5. In Criminal Case No. 10-276568, for Estafa (under Article 315[,] 2 (a)
of the Revised Penal Code), the Court finds accused Ernalyn Palicpic y
Mendoza[,] GUILTY beyond reasonable doubt of the said offense and she is
hereby sentenced to suffer the indeterminate imprisonment of Six (6) years
and One (1) day of Prision Mayor minimum as minimum to Eight (8) years
and One (I) day of Prision Mayor Medium as Maximum.
Accused is also ordered to indemnify private complainant Edgardo Ramirez
the amount of Thirty Four Thousand Pesos ([P]34,000.00) representing the
accused (sic) civil liability therefore (sic).
SO ORDERED. (Emphasis and italics in the original)
[21] Id. at 128-129.
[22] Penned by Associate Justice Maria Elisa Sempio Diy, with Associate Justices Celia C.
Librea-Leagogo and Pablito A. Perez, concurring; id. at 189-222. The dispositive portion
of which states:
WHEREFORE, premises considered, the instant Appeal filed by accusedappellant Ernalyn Palicpic y Mendoza alias "Ermalyn Mendoza", "Lyn", and
"Malyn" is hereby DENIED. The assailed Decision dated July 23, 2013 of
Branch 47, Regional Trial Court of Manila in Criminal Case No. 10-276564
finding accused-appellant GUILTY beyond reasonable doubt of the crime of
illegal recruitment in large scale and is hereby sentenced to suffer the
penalty of life imprisonment and a fine of five hundred thousand pesos
(PhP500,000.00) is AFFIRMED with the following MODIFICATIONS:
1. In Criminal Case No. 10-276565, accused-appellant is found GUILTY
beyond reasonable doubt of the crime of estafa as defined and punished
under Article 315(2)(a) of the Revised Penal Code and is hereby sentenced
to suffer an indeterminate penalty of four (4) years of prision correccional as
minimum to seven (7) years, eight (8) months, and twenty-one (21) days of
prision mayor as maximum. Furthermore, accused-appellant is hereby
ordered to indemnify private complainant Christopher C. Yambao the
amount of thirty-seven thousand five hundred pesos (PhP37,500.00).
2. In Criminal Case No. 10-276566, accused-appellant is found GUILTY
beyond reasonable doubt of the crime of estafa as defined and punished
under Article 315(2)(a) of the Revised Penal Code and is hereby sentenced
to suffer an indeterminate penalty of four (4) years of prision correccional as
minimum to eight (8) years, eight (8) months, and twenty-one (21) days of
prision mayor as maximum. Furthermore, accused-appellant is hereby
ordered to indemnify private complainant Mary Ann Dela Cruz Tucay the
amount of forty-three thousand five hundred pesos (PhP43,500.00).
3. In Criminal Case No. 276568, accused-appellant is found GUILTY beyond
reasonable doubt of the crime of estafa as defined and punished under
Article 315 (2)(a) of the Revised Penal Code and is hereby sentenced to
suffer an indeterminate penalty of four (4) years of prision correccional as
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66642
11/13