G.R. No. 148371 - ELSA JOSE, VS. PEOPLE OF THE PHILIPPINES; REJIE RAMOS DEL ROSARIO; AND THE PRESIDING JUDGE, REGIONAL TRIAL COURT OF MAKATI, BRANCH 148.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , the assailed decision being in conformity with the law and evidence, the same is hereby AFFIRMED in toto . Costs against [petitioner]. [4] The assailed Resolution denied petitioners Motion for Reconsideration. The Facts The CA narrated the facts of the case as follows: Appeal from the decision dated 19 March 1997 of the Regional Trial Court, National Capital Judicial Region, Branch 148, Makati City, in Criminal Case No. 96-901 entitled PEOPLE OF THE PHILIPPINES vs. ELSA JOSE for ESTAFA, the dispositive portion of which reads: WHEREFORE, premises considered, and finding accused ELSA JOSE guilty beyond reasonable doubt of the crime of ESTAFA defined and penalized under Article 315, paragraph 4 No. 2, letter (a) of the Revised Penal Code, she is hereby sentenced to suffer an indeterminate sentence of from Nine (9) Years, Eight (8) Months and Twenty One (21) Days of Prision Mayor as minimum to Thirteen (13) Years, Five (5) Months and Eleven (11) Days of Reclusion Temporal as Maximum, with all the accessories of the law. Accused is further ordered to pay unto the complainant Regie Ramos the sum of P104,000.00[,] the amount defrauded by accused plus six (6) [percent] per annum as interest from March 22, 1996, the date of the [I]nformation until the whole amount is fully paid. With costs against the accused. SO ORDERED.