824 Phil. 939
DEL CASTILLO, J.:
Criminal Case No. 27516-R (Illegal Recruitment Committed in Large Scale)
That sometime between the period from January, 2007 and March 2007, in Baguio City, Philippines and within the Jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously for [a] fee, recruit and promise employment/job placement as contract workers in United Kingdom to the herein complainants, namely:
- Fraulein Edoc y Pacuyan
- Naty Loman y Nabe[h]et
- Jessie Doculan y Lingon
- Olivia Gabol y Paquito
- Rosieline Marcos y Pasi and
- Jerry Diwangan y Nabadang
without said accused having first secured the necessary license or authority from the Department of Labor and Employment and [f]ailed to deploy said complainants for the promised jobs in United Kingdom.
Contrary to law.
Criminal Case No. 27602-R (Estafa)
That sometime in the month of January, 2007 and/or subsequent thereto, in the City of Baguio, Philippines and within the jurisdiction of this Honorable Court the abovenamed accused, by means of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud, did then and there willfully, unlawfully and feloniously defraud one JESSIE DOCULAN y LINGON, in the following manner, to wit: the accused has [represented] and led Jessie Doculan y Lingon to believe that the accused has the power. capacity, and influence to work for and secure valid travel papers and documents to enable Jessie Doculan y Lingon to enter the United Kingdom legally, which representations, and assurances were all false, and Jessie Doculan y Lingon misled by said false representations, handed the total amount of P450,000.00 to the accused as cost of procuring the necessary valid travel documents, which the accused misapplied, misappropriated and converted to his own personal use and benefit, to the damage and prejudice of JESSIE DOCULAN y LINGON in the aforementioned amount of FOUR HUNDRED FIFTY THOUSAND (P450,000.00) PESOS, Philippine Currency.
Contrary to law.
Criminal Case No. 27592-R (Estafa)
That sometime in the month of January, 2007 and/or subsequent thereto, in the City of Baguio, Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, by means of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud, did then and there willfully, unlawfully and feloniously defraud one NATY LOMAN y NABE[H]ET, in the following manner, to wit: the accused has the power, capacity, and influence to work for and secure valid travel papers and documents to enable Naty Loman y Nabe[h]et to enter the United Kingdom legally, which representations, and assurances were all false, and Naty Loman y Nabe[h]et misled by said false representations, handled the total amount of P400,000.00 to the accused as cost of procuring the necessary valid travel documents, which the accused misapplied, misappropriated and converted to his own personal use and benefit, to the damage and prejudice of NATY LOMAN y NABE[H]ET in the aforementioned amount of FOUR HUNDRED THOUSAND (P40,000.00) PESOS, Philippine Currency.
Contrary to law.[3]
WHEREFORE, premises considered, the Court hereby renders as follows:
1) In Criminal Case No. 27516-R, the Court finds the accused MOISES S. DEJOLDE, JR. GUILTY beyond reasonable doubt of the crime of illegal recruitment in a large scale. He is sentenced to suffer the penalty of life imprisonment; and to pay a fine of Php100,000.00; 2) In Crim. Case No. [27602-R], the Court finds the accused MOISES DEJOLDE, JR. GUILTY beyond reasonable doubt x x x of the crime charged against him. There being no aggravating and mitigating circumstances and applying the provisions of the Indeterminate Sentence Law, he is hereby sentenced to suffer the indeterminate penalty of imprisonment of 4 years, 2 months and 1 day of prision correcional, as minimum, to 20 years of reclusion temporal, as maximum. He is further ordered to pay unto Jessie Doculan y Lingon, the amount of Php440,000.00 by way of actual damages plus interest at the legal rate from the date the Information was filed until the said amount is fully paid; and 3) In Crim. Case No. [27592-R], the Court finds the accused MOISES DEJOLDE, JR. GUILTY beyond reasonable doubt x x x of the crime charged against him. There being no aggravating and mitigating circumstances and applying the provisions of the Indeterminate Sentence Law, he is hereby sentenced to suffer the indeterminate penalty of imprisonment of 4 years, 2 months and 1 day of prision correccional, as minimum, to 20 years of reclusion temporal, as maximum. He is further ordered to pay unto Naty Loman y Nabehet the amount of Php350,000.00 by way of actual damages plus interest at the legal rate from the date the Information was filed until the said amount is fully paid.
SO ORDERED.[7]
WHEREFORE, the instant appeal is DENIED. Accordingly, the Decision of Branch 60, Regional Trial Court of Baguio City, dated 03 April 2010, is hereby AFFIRMED with MODIFICATION, thus:
'WHEREFORE, premises considered, the Court hereby renders as follows:
1) In Criminal Case No. 27516-R, the Court finds the accused MOISES S. DEJOLDE, JR., GUILTY beyond reasonable doubt of the crime of illegal recruitment in a large scale. He is sentenced to suffer penalty of life imprisonment and to pay a fine of one million (P1,000,000.00) pesos. 2) In Criminal Case No. [27602-R], the Court finds the accused MOISES S. DEJOLDE, JR., GUILTY beyond reasonable doubt of the crime charged against him. There being no aggravating and mitigating circumstances and applying the provisions of Indeterminate Sentence Law, he is hereby sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to twenty (20) years of reclusion temporal, as maximum. He is further ordered to pay unto Jessie Doculan y Lingon, the amount of Four Hundred Forty Thousand (P440,000.00) pesos by way of actual damages plus interest at the legal rate from the date the Information was filed until the said amount is fully paid. 3) In Criminal Case No. [27592-R], the Court finds the accused MOISES S. DEJOLDE, JR., GUILTY beyond reasonable doubt of the crime charged against him. There being no aggravating and mitigating circumstances and applying the provisions of Indeterminate Sentence Law, he is hereby sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to twenty (20) years of reclusion temporal, as maximum. He is further ordered to pay unto Naty Loman y Nabehet, the amount of three hundred fifty thousand (P350,000.00) pesos by way of actual damage plus interest at the legal rate from the date the Information was filed until the said amount is fully paid.
SO ORDERED.'
SO ORDERED.[9]