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established, the act of one conspirator is the act of all. All three private complainants
testified that they paid placement fees to Daud, who issued receipts for some amounts
either in her name or in the name of one “Nimfa Min.” Moreover, the payment of
placement fees to illegal recruiters is not evidenced by receipts alone; it can also be
established by testimonies of witnesses. In People v. Pabalan,[30] we held:
Although not all of the amounts testified to by complainants were covered
by receipts, the fact that there were no receipts for some of the amounts
delivered to him does not mean that appellant did not accept or receive such
payments. This Court has ruled in several cases that the absence of receipts
in a criminal case for illegal recruitment does not warrant the acquittal of the
accused and is not fatal to the case of the prosecution. As long as the
witnesses had positively shown through their respective testimonies that the
accused is the one involved in the prohibited recruitment, he may be
convicted of the offense despite the want of receipts.
The Statute of Frauds and the rules of evidence do not require the
presentations of receipts in order to prove the existence of a recruitment
agreement and the procurement of fees in illegal recruitment cases. The
amounts may consequently be proved by the testimony of witnesses.
(Citation omitted.)
Again, there is no cogent reason for us to disturb the finding of the RTC, affirmed by
the Court of Appeals, that both elements of estafa are present in Criminal Case Nos.
03-0123, 03-0127, and 03-0130. Thus, we sustain appellant’s conviction for estafa,
punishable under Article 315, paragraph 2(a), of the Revised Penal Code.
The penalty for estafa depends on the amount of defraudation. Per Article 315 of the
Revised Penal Code:
Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the
means mentioned herein below shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision
mayor in its minimum period, if the amount of the fraud is over 12,000
pesos but does not exceed 22,000 pesos; and if such amount exceeds the
latter sum, the penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each additional 10,000 pesos; but the
total penalty which may be imposed shall not exceed twenty years. In such
cases, and in connection with the accessory penalties which may be imposed
and for the purpose of the other provisions of this Code, the penalty shall be
termed prision mayor or reclusion temporal, as the case may be[.]
The prescribed penalty for estafa under Article 315 of the Revised Penal Code, when
the amount of the fraud is over P12,000.00 but not exceeding P22,000.00, is prision
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