G.R. No. 197539 - PEOPLE OF THE PHILIPPINES, VS. ANGELITA I. DAUD, HANELITA M. GALLEMIT AND RODERICK GALLEMIT Y TOLENTINO, ACCUSED.RODERICK GALLEMIT Y TOLENTINO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , judgment is hereby rendered as follows: (1) In Criminal Case No. 03-0122 , the Court finds accused Roderick Gallemit y Tolentino, GUILTY BEYOND REASONABLE DOUBT as principal of the crime of Illegal Recruitment in Large Scale in violation of Section 6 in relation to Section 7 of RA 8042 , otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995 and hereby sentences him to a penalty of life imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00). (2) In Criminal Case No. 03-0123 , the Court finds accused Roderick Gallemit y Tolentino GUILTY BEYOND REASONABLE DOUBT as principal of the crime of Estafa under Article 315 paragraph 2(a) of the Revised Penal Code and hereby sentences him to suffer the Indeterminate Penalty of two (2) years and four (4) months as minimum to thirteen (13) years as maximum which carries with it the accessory penalty of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage. The accused is further sentenced to pay complaining witness Marcelo De Guzman y Ignacio the amount of Eighty Thousand Pesos (P80,000.00) plus twelve percent (12%) interest from the date of the filing of the Information on February 3, 2003, with subsidiary imprisonment in case of insolvency, plus the costs of suit; (3) In Criminal Case No. 03-0127 , the Court finds accused Roderick Gallemit y Tolentino GUILTY BEYOND REASONABLE DOUBT as principal of the crime of Estafa under Article 315 paragraph 2(a) of the Revised Penal Code and hereby sentences him to suffer the indeterminate Penalty of two (2) years, four (4) months as minimum to nine (9) years as maximum which carries with it the accessory penalty of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage. The accused is further sentenced to pay the costs of suit; and (4) In Criminal Case No. 03-0130 , the Court finds accused Roderick Gallemit y Tolentino GUILTY BEYOND REASONABLE DOUBT as principal of the crime of Estafa under Article 315 paragraph 2(a) of the Revised Penal Code and hereby sentences him to suffer the Indeterminate Penalty of two (2) years and four (4) months as minimum to twelve (12) years and two (2) months as maximum which carries with it the accessory penalty of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage. The accused is further sentenced to pay costs of suit. (5) Criminal Case Nos. 03-0124, 03-0125, 03-0126, 03-0128, and 03-0129 , for failure to prosecute, are hereby ordered Dismissed, as against accused Roderick Gallemit. Considering that accused ANGELITA I. DAUD and HANELITA M. GALLEMIT remain at large for more than six (6) months since the issuance and delivery of the warrant of arrest to the proper police or peace officer, the case