6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly Finally, appellant denied knowing Magat, claiming that she knew of her as the person who victimized Tucay earlier. She was jobless at that time and was likewise seeking employment abroad and thus, familiar with some of the basic requirements like passport, medical examination, placement fees, and tickets.[19] RTC Ruling On 23 July 2013, the RTC rendered a Decision,[20] finding appellant guilty beyond reasonable doubt of the offense of Illegal Recruitment in Large Scale and three (3) counts of Estafa. In so ruling, the RTC held that the complainants' positive, consistent, and categorical testimonies as to how appellant defrauded them of their money outweigh appellant's defense of pure denial. Likewise, the RTC noted that appellant never contested that she received money from the complainants.[21] CA Ruling In a Decision[22] dated 23 August 2017, the CA sustained the judgment of the lower court, stating that the prosecution was able to establish all the elements of Illegal Recruitment in Large Scale and Estafa beyond reasonable doubt. The CA considered doubtful appellant's defense that she was a fellow aspiring overseas Filipino worker in view of her failure to produce any documentation to that effect. The CA however modified the penalties imposed to properly graduate the same in accordance with the Indeterminate Sentence Law[23] and to provide for the imposition of six percent (6%) interest per annum on the civil liabilities awarded. Upon Motion for Reconsideration,"[24] appellant prayed, among others, the application of the provisions of RA 10951[25] which effectively reduced the penalty imposed for the crime of Estafa based on the amount involved. On 30 January 2018, the appellate court rendered the Amended Decision[26] which partially granted appellant's Motion and reduced the penalty of imprisonment for the three (3) counts of Estafa in view of RA 10951, the dispositive portion of which reads: WHEREFORE, premises considered, the Motion for Reconsideration filed by Ernalyn Palicpic y Mendoza alias "Ermalyn Mendoza”, "Lyn", and "Malyn" is PARTLY GRANTED. Accordingly, the Decision dated August 23, 2017 of this Court: (1) finding accused-appellant Ernalyn Palicpic y Mendoza alias "Ermalyn Mendoza". "Lyn", and "Malyn"' GUILTY beyond reasonable doubt of the crime of illegal recruitment in large scale and sentencing accused-appellant to suffer the penalty of life imprisonment and a fine of five hundred thousand pesos (PhP500,000.00) in Criminal Case No. 10-276564; (2) finding accusedappellant GUILTY beyond reasonable doubt of the crime of estafa as defined and punished under Article 315(2)(a) of the Revised Penal Code in Criminal Case No. 10-276565 and ordering accused-appellant to indemnify private complainant Christopher C. Yambao the amount of thirty-seven thousand five hundred pesos (Php37,500.00); (3) finding accused-appellant GUILTY beyond reasonable doubt of the crime of estafa as defined and punished https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66642 5/13

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