PEOPLE v. DEJOLDE, G.R. No. 219238 | 2018
824 Phil. 939
G.R. No. 219238. January 31, 2018
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE,
VS.
MOISES DEJOLDE, JR. Y SALINO, ACCUSED-APPELLANT.
Ponente: DEL CASTILLO, J.:
Doctrines:
Appellant's defense of mere denial could not prevail over the positive testimonies of the prosecution's witnesses as the Court often views with disfavor the defense of denial, especially if it is not substantiated by any clear and convincing evidence. It is an inherently weak defense as it is a self-serving negative evidence that cannot be given more evidentiary weight than the affirmative declarations of credible witnesses.
Moreover, it is a settled rule that factual findings of the trial courts are accorded great respect because they are in the best position to assess the credibility of the witnesses having had the opportunity to observe their demeanor during the trial.
Synopsis:
The accused-appellant was charged with Illegal Recruitment Committed in Large Scale and 2 counts of Estafa. The prosecution presented the testimonies of private complainants Loman, Doculan, and Marcos who testified that the appellant recruited them to work as caregivers in the United Kingdom and charged them P450,000 each for the processing of their visas and cost of plane fares. They later discovered that the visas were fake, demanded the return of their money, and only received partial refunds.
The accused-appellant denied the charges and claimed he was engaged in the business of processing student visa applications for those who want to study in the United Kingdom. He claimed the money he received from the private complainants were for payment of school tuition fees and processing of student visas.
After a careful review of the evidence presented, the court found that the prosecution was able to prove that the appellant recruited the private complainants for employment as caregivers in the United Kingdom and collected money from them. The defense of mere denial was not enough to prevail over the positive testimonies of the prosecution's witnesses. The court found the accused-appellant guilty of the crimes charged.
The Court affirmed the decision of the lower courts and increased the fine imposed in the case of illegal recruitment in large scale pursuant to Section 7 of RA 8042 and People v. Chua. The ruling confirms that illegal recruitment and estafa are serious offenses that carry heavy penalties, and those who engage in such activities will be held accountable under the law.
Nature of petition:
This is an appeal filed by appellant Moises Dejolde, Jr. y Salino from the July 31, 2014 Decision of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 04624, affirming with modification the April 3, 2010 Decision of the Regional Trial Court (RTC) of Baguio City, Branch 60, in Crim. Case Nos. 27516-R, 27592-R, and 27602-R, which found appellant guilty beyond reasonable doubt of Illegal Recruitment in large scale defined and penalized under Article 13(b) in relation to Articles 38(b), 34, and 39 of Presidential Decree Nos. 1920 and 2018 and Republic Act (RA) No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), and two counts of Estafa under Article 315 of the Revised Penal Code (RPC).
Dispositive portion:
WHEREFORE, premises considered, the appeal is DISMISSED. The Court ADOPTS the findings of the Regional Trial Court as affirmed by the Count of Appeals. The July 31, 2014 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 04624 finding appellant Moises Dejolde, Jr. y Salino guilty beyond reasonable doubt of the charges against him is AFFIRMED with MODIFICATION that, insofar as Criminal Case Nos. 27592-R and 27602-R, the indeterminate penalty of two (2) months and one (1) day of arresto mayor, as minimum, to one (1) year and (1) day of prision correccional, as maximum, is hereby imposed for each count of estafa. In addition; an interest rate of 6% per annum is likewise imposed on the amounts of P440,000.00 and P350,000.00 from the date of finality of this Resolution until full payment.