6/30/2021

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FIRST DIVISION
[ G.R. No. 218582, September 03, 2020 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. SAGISAG
ATLAS "PAUL" BAUTISTA, ARLETH BUENCONSEJO' AND ROSAMEL
CARA DE GUZMAN, ACCUSED, SAGISAG ATLAS "PAUL" BAUTISTA,
ACCUSED-APPELLANT.
DECISION
CAGUIOA, J:
For review in this ordinary appeal[1] is the Decision[2] dated June 27,2014 of the Court
of Appeals, Tenth Division (CA), in CA-G.R. CRHC No. 05781, which affirmed the Joint
Decision3 dated September 26, 2012 of the Regional Trial Court of Mandaluyong City,
Branch 211 (RTC) in Criminal Case Nos. MC09-12510 to MC09-12516, MC09-12518 to
20, which found accused-appellant Sagisag Atlas "Paul" Bautista (accused-appellant
Bautista) guilty beyond reasonable doubt of three counts of estafa under Article 315,
paragraph 2(a) of the Revised Penal Code (RPC), and in Criminal Case No. MC0912517, for violation of Section 6 of Republic Act No. (R.A.) 8042 or the Migrant Workers
and Overseas Filipinos Act of 1995.
The Facts
In 11 separate Informations, accused-appellant Bautista, together with co-accused
Arleth Buenconsejo (Buenconsejo) and Rosamel Cara De Guzman (De Guzman), was
charged with 10 counts of estafa under Article 315, paragraph 2(a) of the RPC, and one
count of violation of R.A. 8042. The accusatory portions of said Informations read:
CRIMINAL CASE NO. MC09-12510 (Estafa)
"That on or about the month of September 2008, in the City of
Mandaluyong, Philippines, a place within the jurisdiction of this Honorable
Court, the above-named accused, conspiring and confederating together and
mutually helping and aiding one another with intent to defraud RANDY
PAJARILLO, by means of deceit and false pretenses executed prior to or
simultaneous with the commission of fraud, did, then and there wilfully,
unlawfully and feloniously pretend and falsely represent themselves to have
power, capacity and qualifications to deploy complainant for employment in
Korea as factory worker for a fee, in the amount of fifty thousand pesos
(P50,000.00), and by means of other similar deceits, which representation
the accused well knew was false and fraudulent, and was only made by
them to induce said complainant to give and deliver and i[n] fact, said
complainant gave and delivered the total amount of P50,000.00, as payment
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