G.R. No. 158495 - ELIZABETH EUSEBIO-CALDERON, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court hereby renders judgment finding accused ELIZABETH E. CALDERON of Poblacion, Pulilan, Bulacan guilty beyond reasonable doubt of the crime of Estafa defined and penalized under Par. 2 (d) of Art. 315, Revised Penal Code as amended by P.D. 818 and sentencing the said accused as follows: To suffer an indeterminate sentence of imprisonment of nine (9) years and one (1) day of PRISION MAYOR as minimum to SEVENTEEN (17) YEARS FOUR (4) months and one (1) day of RECLUSION TEMPORAL as maximum; To suffer the accessory penalties provided by law; To pay the cost; and To indemnify the complainant Amelia Casanova the sum of P100,000.00. (Exh. A) Necessarily, the other checks exhibits B, C, D, E, F and G in the amount of P5,000.00, P5,000.00, P4,400.00, P4,500.00, P9,500.00 and P 2,500.00 respectively in the total amount of P30,900.00 is hereby DISMISSED the same being civil in nature and are interest of transaction other than the principal amount of P100,000.00. [6] In Criminal Case No. 1191-M-95: PREMISES CONSIDERED, the court finds accused Elizabeth Calderon guilty beyond reasonable doubt of the crime of ESTAFA defined and penalized under Par. 2 (d) of Art. 315, Revised Penal Code as amended by P.D. 818 sentencing the said accused as follows: To suffer an indeterminate sentence of imprisonment of Ten (10) years and One (1) day of PRISION MAYOR as minimum to seventeen (17) years FOUR (4) months and one (1) day of RECLUSION TEMPORAL as maximum; To suffer the accessory penalties provided by law; To pay the cost; and To indemnify the complainant Teresita Eusebio the sum of P157,500.00 representing the two checks, exhibits A and B. [7] In Criminal Case No. 1192-M-95: WHEREFORE, the court hereby renders judgment finding accused Elizabeth Calderon guilty beyond reasonable doubt of the Crime of ESTAFA defined and penalized under Par. 2 (d) of Art. 315 of the Revised Penal Code as amended by P.D. 818 and sentencing the said accused as follows: To suffer an indeterminate sentence of imprisonment of FOUR (4) years 2 months and one (1) day of PRISION CORRECCIONAL as minimum to eight (8) years and one (1) day of PRISION MAYOR; To suffer the accessory penalties provided by law; To pay the costs; and To indemnify the complainant Manolito Eusebio the sum of P50,000.00. The other checks exhibit B to E are hereby DISMISSED. [8] The trial court denied petitioners Motion for Reconsideration for lack of merit. [9] Hence, petitioner appealed the judgment of the trial court to the Court of Appeals. In its Decision dated April 30, 2001, the Court of Appeals disposed of the appeal as follows: WHEREFORE, the Decision appealed from in so far as it bears on the criminal liability of the accused is REVERSED and SET ASIDE and a new judgment is issued ACQUITTING the accused of the crimes charged on the ground that her guilt has not been proven beyond reasonable doubt. However, she is held civilly liable as follows: In Criminal Case No. 1190-M-95