G.R. No. 236807 - CONCHITA M. DELA CRUZ, VS. PEOPLE OF THE PHILIPPINES.[G.R. No. 236810] MAXIMO A. BORJE, ET AL., VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered, as follows: 1) In Criminal Case No. 28100, the Court finds accused Florendo Arias y Buñag, Maximo Borje y Aquino, Rolando Castillo y Comia, Burt Favorito y Barba, Erdito Quarto y Quiaot, Felipe A. San Jose and Conchita M. dela Cruz guilty beyond reasonable doubt of Estafa through Falsification of Documents , defined and penalized under Article 315, in relation to Article 171 and Article 48, of the Revised Penal Code , as charged in the Information dated March 1, 2005. Pursuant to the Indeterminate Sentence Law , all said accused are hereby sentenced to suffer imprisonment of ten (10) years and one (1) day of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum, with perpetual absolute disqualification for public office. The aforementioned accused are also hereby declared solidarily liable to pay the Department of Public Works and Highways civil indemnity in the sum of P5,166,539.00 For insufficiency of evidence, the following accused are hereby acquitted: Napoleon Anas y Sebastian, Rogelio Beray y Laganga, Jessica Catibayan y Jardial, Maria Luisa Cruz y Tagasa and Norma Villarmino y Agcaoili. By reason of their death, the case is dismissed as against accused Julio T. Martinez, Violeta Amar y Castillo, Agerico Palaypay y Cortez and Jesus N. Capuz by reason of their death. -and- 2) In Criminal Case No. 28253, the Court finds accused Florendo Arias y Bu[fi]ag, Maximo Borje y Aquino, Rolando Castillo y Cornia, Burt Favorito y Barba, Erdito Quarto y Quiaot, Felipe A. San Jose and Conchita dela Cruz guilty beyond reasonable doubt of Violation of Section 3(e) of Republic Act No. 3019, as amended , as charged in the Information dated June 8, 2005. All said accused are hereby sentenced to suffer imprisonment of six (6) years and one (1) month, as minimum, to ten (10) years, as maximum. They shall also suffer perpetual disqualification from public office. For insufficiency of evidence, the following accused are hereby acquitted: Napoleon Anas y Sebastian, Rogelio B[e]ray y Laganga, Jessica Catibayan y Jardiel, Maria Luisa Cruz y Talao, Ricardo Juan, Jr. y Maclang, Ronaldo G. Simbahan, Violeta Tadeo y Ragasa and Nonna Villarmino y Agcaoili. By reason of their death, the case is dismissed as against Julio T. Martinez, Violeta Amar y Castillo, Agerico Palaypay y Cortez and Jesus N. Capuz. SO ORDERED.