G.R. No. 201620 - RAMONCITA O. SENADOR, VS. PEOPLE OF THE PHILIPPINES AND CYNTHIA JAIME.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds RAMONCITA SENADOR guilty beyond reasonable doubt of the crime of ESTAFA under Par. 1 (b), Art. 315 of the Revised Penal Code, and is hereby sentenced to suffer the penalty of four (4) years and one (1) day of prision correccional as minimum to twenty (20) years of reclusion temporal as maximum and to indemnify the private complainants, RITA JA[I]ME and CYNTHIA JA[I]ME, the following: 1) Actual Damages in the amount of P695,685.00 with interest at the legal rate from the filing of the Information until fully paid; 2) Exemplary Damages in the amount of P100,000.00; and 3) the amount of P50,000 as Attorneys fees. Senador questioned the RTC Decision before the CA. However, on May 17, 2011, the appellate court rendered a Decision upholding the finding of the RTC that the prosecution satisfactorily established the guilt of Senador beyond reasonable doubt. The CA opined that the prosecution was able to establish beyond reasonable doubt the following undisputed facts, to wit: (1) Senador received the pieces of jewelry in trust under the obligation or duty to return them; (2) Senador misappropriated or converted the pieces of jewelry to her benefit but to the prejudice of business partners, Rita and Cynthia; and (3) Senador failed to return the pieces of jewelry despite demand made by Rita. Further, the CAfinding that Uba [13] is not applicable since Senador is charged with estafa, a crime against property and not oral defamation, as in Ubaruled: WHEREFORE, the June 30, 2008 Judgment of the Regional Trial Court, Branch 32, Dumaguete City, in Criminal Case No. 16010, finding accused appellant guilty beyond reasonable doubt of Estafa is hereby AFFIRMED in toto. SO ORDERED.