Pinoy in Saipan gets 5 mos after stealing for kin's needs
SUSUPE, Saipan – A Filipino worker in Saipan was sentenced to five months in prison for stealing $19,183.26 from his employer out of “desperation" to help his ailing mother with her medical expenses in the Philippines and his sister with her medical bills in Bahrain.
Arnel Ruga Del Rosario, 42, could be facing a much longer imprisonment than five months had he not produced documentation of medical bills to show the court that he in fact used the funds for his family members’ medical needs.
He entered a guilty plea to one count of theft by failure to make required disposition of funds.
Del Rosario told the Superior Court of the U.S. Commonwealth of the Northern Mariana Islands, or CNMI, that he had no choice because of his mother and sister’s medical needs.
According to court documents, Del Rosario said he wanted to repay the money but was unable to do so before his employer, Beijing Wholesale, discovered the theft.
When confronted by his employer, Del Rosario admitted his offense and accepted responsibility for his actions.
CNMI Superior Court Associate Judge Ramona V. Manglona accepted Del Rosario’s guilty plea.
Justice Manglona’s judgment and commitment order stated that Del Rosario produced documentation of medical bills to prove to the court that he in fact used the funds he stole for such purposes.
In sentencing the worker, the judge said Del Rosario had been living and working on Saipan for over 12 years without committing any crimes, has expressed sincerity and emotional remorse during the sentencing hearing, and recognized his wrongdoing.
But just the same, the judge said Del Rosario’s intent to help his family members in their financial hardship outside the CNMI “jeopardizes the financial welfare of those relying on businesses within the CNMI."
“Therefore, a period of incarceration is warranted to deter others who may be inclined to commit similar acts and create further financial hardships that may lead to desperate acts," the judge said.
The judge sentenced Del Rosario to five years in jail, all suspended except for five months with 72 hours credit for time already served.
Both the defense and the government recommended that Del Rosario be given a five-month jail term as it was his first criminal offense, and he has no children or immediate family on Saipan.
The judge added that Del Rosario’s strong likelihood of being gainfully employed with the mandate to pay full restitution “calls for some leniency."
Del Rosario was charged with theft by failure to make required disposition of funds and theft by unlawful taking.
His counsel, Assistant Public Defender Malik Edwards, and the government, represented by Chief Prosecutor Jeffery Warfield Sr., noted that Del Rosario committed the offense because “he desperately wanted to help his ailing mother with her medical expenses in the Philippines and his sister with her medical bills in Bahrain."
The judge ordered Del Rosario to report to the CNMI Department of Corrections on Feb. 1 at 8 a.m. to start serving his unsuspended jail term.
Del Rosario will be released on June 28 at 8 a.m. and will be placed on supervised probation for four years and seven months.
The judge ordered him to pay a restitution fee of $19,183.26 to his former employer and to submit an apology letter.
He is also to pay a $100 court assessment fee and a $100 probation fee, as well as perform 200 hours of community work.
Del Rosario’s review hearing was set for Aug. 6 at 9 a.m. - Haidee V. Eugenio, GMANews.TV
Arnel Ruga Del Rosario, 42, could be facing a much longer imprisonment than five months had he not produced documentation of medical bills to show the court that he in fact used the funds for his family members’ medical needs.
He entered a guilty plea to one count of theft by failure to make required disposition of funds.
Del Rosario told the Superior Court of the U.S. Commonwealth of the Northern Mariana Islands, or CNMI, that he had no choice because of his mother and sister’s medical needs.
According to court documents, Del Rosario said he wanted to repay the money but was unable to do so before his employer, Beijing Wholesale, discovered the theft.
When confronted by his employer, Del Rosario admitted his offense and accepted responsibility for his actions.
CNMI Superior Court Associate Judge Ramona V. Manglona accepted Del Rosario’s guilty plea.
Justice Manglona’s judgment and commitment order stated that Del Rosario produced documentation of medical bills to prove to the court that he in fact used the funds he stole for such purposes.
In sentencing the worker, the judge said Del Rosario had been living and working on Saipan for over 12 years without committing any crimes, has expressed sincerity and emotional remorse during the sentencing hearing, and recognized his wrongdoing.
But just the same, the judge said Del Rosario’s intent to help his family members in their financial hardship outside the CNMI “jeopardizes the financial welfare of those relying on businesses within the CNMI."
“Therefore, a period of incarceration is warranted to deter others who may be inclined to commit similar acts and create further financial hardships that may lead to desperate acts," the judge said.
The judge sentenced Del Rosario to five years in jail, all suspended except for five months with 72 hours credit for time already served.
Both the defense and the government recommended that Del Rosario be given a five-month jail term as it was his first criminal offense, and he has no children or immediate family on Saipan.
The judge added that Del Rosario’s strong likelihood of being gainfully employed with the mandate to pay full restitution “calls for some leniency."
Del Rosario was charged with theft by failure to make required disposition of funds and theft by unlawful taking.
His counsel, Assistant Public Defender Malik Edwards, and the government, represented by Chief Prosecutor Jeffery Warfield Sr., noted that Del Rosario committed the offense because “he desperately wanted to help his ailing mother with her medical expenses in the Philippines and his sister with her medical bills in Bahrain."
The judge ordered Del Rosario to report to the CNMI Department of Corrections on Feb. 1 at 8 a.m. to start serving his unsuspended jail term.
Del Rosario will be released on June 28 at 8 a.m. and will be placed on supervised probation for four years and seven months.
The judge ordered him to pay a restitution fee of $19,183.26 to his former employer and to submit an apology letter.
He is also to pay a $100 court assessment fee and a $100 probation fee, as well as perform 200 hours of community work.
Del Rosario’s review hearing was set for Aug. 6 at 9 a.m. - Haidee V. Eugenio, GMANews.TV
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