Court Finds Sarabia Guilty of 8 Estafa Cases

"The court finds the accused guilty beyond reasonable doubt of the Crime of Estafa Under Art. 315, paragraph 2 (d) of the Revised Penal Code as amended." This is the decision of Hon. Elmo F. Del Rosario, presiding judge of Branch 5, Regional Trial Court, Kalibo, Aklan on the eight (8) Estafa Cases filed against Mr. Sylvano F. Sarabia by Mr. Augustus Gonzales.
According to the decision, "there is no mitigating or aggravating circumstances and taking into account the provisions of the Indeterminate Sentence Law, accused Sylvano F. Sarabia is hereby sentenced as follows:
1. In Criminal Case No. 6320 to suffer an indeterminate penalty of four (4) years and two (2) months of prision correctional, as minimum, to fourteen (14) years of reclusion temporal, as maximum, and to indemnify the complainant in the amount of one hundred thousand pesos (Php100,000.000). With costs.
2. In Criminal Case No. 6321 to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to fourteen (14) years of reclusion temporal, as maximum, and to indemnify the complainant in the amount of one hundred thousand pesos (Php100,000.00) With costs.
3. In Criminal Case No. 6322 to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to fourteen (14) years of reclusion temporal, as maximum, and to indemnify the complainant in the amount of one hundred thousand pesos (Php100,000.00).
With costs.
4. In Criminal Case No. 6323 to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to fourteen (14) years of reclusion temporal, as maximum, and to indemnify the complainant in the amount of one hundred thousand pesos (Php100,000.00). With costs.
5. In Criminal Case No. 6324 to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to fourteen (14) years of reclusion temporal, as maximum and to indemnify the complainant in the amount of one hundred thousand pesos (Php100,000.00). With costs.
6. In Criminal Case No. 6326 to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to fourteen (14) years of reclusion temporal, as maximum and to indemnify the complainant in the amount of one hundred thousand pesos (Php100,000.00). With costs.
7. In Criminal Case No. 6327 to suffer an indeterminate penalty of six (6) months and one (1) day prision correccional, as minimum, to four (4) years, two (2) months and one (1) day of prision correccional, as maximum and to indemnify the complainant in the amount of fifteen thousand pesos (Php15,000.00). With costs.
8. In Criminal Case No. 6328 to suffer an indeterminate penalty of six (6) months and one (1) day prision correccional, as minimum, to four (4) years, two (2) months and one (1) day of prison correccional, as maximum and to indemnify the complainant in the amount of fifteen thousand pesos (Php15,000.00). With costs.
Adding all the penalties in the eight estafa cases, Mr. Sarabia will suffer 22 years of "prision correccional" to 92 years of "reclusion temporal. He will also indemnify the complainant, Mr. Augustus Gonzales in the total amount of P630,000.00 plus costs.
According to the records in the Court, between July 1997 to October 1997,Mr. Sarabia in dire need of money borrowed from Mr. Gonzales P5,000, P1,000 and later P100,000 until it reached the total sum of P750,000. The term of the loan obligation is for one month, sometimes two months, three months and four months. The loans were secured by post-dated checks to be deposited to the bank on due dates and considered paid if it is good. Unfortunately, other checks Mr. Sarabia issued bounced which were the subjects of these eight criminal cases.
After due hearings, exchanges of memoranda and evidences considered, the Court concluded that the prosecution proved the deceit practiced by the accused on Augustus Gonzales is all too palpable".
According to the court, the accused scheme is obvious. He wanted to squeeze money from Augustus Gonzales by enticing the latter that his money could earn interest more than what the bank could offer or a guaranteed fixed amount of 5 percent per month. The modus operandi employed by the accused constitute deceit."
"In sum, the absurdity of accused argument is more apparent than real," the court pointed out. /MP mailto:madyaas_pen@yahoo.com