G.R. No. 132289 - PEOPLE OF THE PHILIPPINES, VS. BETH N. BANZALES, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the court finds the accused guilty beyond reasonable doubt of Illegal Recruitment and five (5) counts of Estafa. For the offense of Illegal Recruitment, the accused is sentenced to suffer the penalty of life imprisonment and a fine of P100,000.00, with subsidiary imprisonment in case of insolvency. For the crime of Estafa under par. 2(a) Art. 315 of the Revised Penal Code, the penalty provided for by law is prision correccional in its maximum period to prision mayor in its minimum period. Applying the Indeterminate Sentence Law, one degree lower would be six (6) months, one (1) day to four (4) years and two (2) months. Taking all these into consideration, the accused, Beth Banzales is sentenced to suffer the indeterminate penalty of six (6) months and on (1) day of prision correccional as minimum to seven (7) years of prision mayor as maximum for each in Criminal Cases Nos. Q-94-58107; Q-94-58108; Q-94-58111; Q-94-58113. In Criminal Case No. Q-94-58112, inasmuch as the amount of the fraud is P25,000.00 which exceeds P22,000.00, the penalty provided is to be imposed in its maximum period or six (6) years, eight (8) months and twenty-one (21) days to eight (8) years. Applying the Indeterminate Sentence Law, the accused Beth Banzales is sentenced to suffer the indeterminate penalty of six (6) months and one (1) day of prision correccional as minimum to eight (8) years of prision mayor as maximum. Accused is further ordered to indemnify the aforesaid complainants the following: 1) P15,000.00 to Elizabeth Bernal; 2) P15,000.00 to Apolinario Baldoza; 3) P15,000.00 to Eva Amada; 4) P25,000.00 to Domingo Mariano; 5) P15,000.00 to Rizza Oliva. With costs against the accused. SO ORDERED.