G.R. NO. 170298 - MANUEL S. ISIP, VS. PEOPLE OF THE PHILIPPINES. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the Court finds the accused Dra. Marietta M. Isip guilty beyond reasonable doubt of a (sic) violation of B.P. 22 in Crim. Cases Nos. 146-84, 147-84, 148-84, 149-84, 155-84, 156-84 and 157-84 and she is hereby sentenced to undergo imprisonment of One (1) year of prision correctional (sic) in each case; and of Estafa in the following Crim. Cases: No. 256-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years of prision mayor, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P120,000.00 for the value of the articles misappropriated; Crim. Case No. 257-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years of prision mayor, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P150,000.00; Crim. Case No. 260-84 where she is sentenced to undergo imprisonment of, from Eight (8) years and One (1) day of prision mayor, as minimum, to Seventeen (17) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P95,000.00; Crim. Case No. 261-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P562,000.00; Crim. Case No. 378-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P200,000.00 and to pay the costs. Likewise, accused Manuel Isip is acquitted in Crim. Cases Nos. 256-84, 257-84, 260-84, 261-84 and 378-84. However, in Crim. Case No. 136-84, he is hereby found guilty of Estafa and he is hereby sentenced to undergo imprisonment of, from Twelve (12) years and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion temporal, as maximum, to indemnify the complainant Atty. Leonardo Jose in the amount of P200,000.00 value of the jewelry misappropriated, and to pay the costs. [8] In ruling the way it did, the RTC found that the transactions involved in these cases were sufficiently shown to have taken place at complainant Atty. Leonardo Jose's ancestral house in Cavite City when the latter was on leave of absence from the Bureau of Customs where he was connected. It said the defense failed to substantially prove its allegations that the transactions occurred in Manila, particularly in the Towers Condominium, and that complainant is a resident of Bigasan, Makati. It added that the testimony of Marietta Isip that the money with which the complainant initially agreed to finance their transactions was withdrawn from the Sandigan Finance in Cavite City further