6/7/2020
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The Court may revise such findings in its rare and extraordinary role of a trier of facts
only when the appellants convincingly demonstrate that such findings were either
erroneous, or biased, or unfounded, or incomplete, or unreliable, or conflicted with the
findings of fact of the CA.[13] Alas, that demonstration was not made herein.
The records show that the Prosecution presented the complainants themselves to
establish that the accused-appellants had made the complainants believe that they
could deploy them abroad for a fee despite their having had no license or authority to
do so from the proper government agency; receipts; and the certification from the
POEA on the lack of the license to recruit having been issued in favor of the accusedappellants.
In contrast, the accused-appellants offered only denial. Such defense was futile
because denial, essentially a negation of a fact, did not prevail over the affirmative
assertions of the fact. The courts – trial as well as appellate – have generally viewed
denial in criminal cases with considerable caution, if not outright rejection. This
dismissive judicial attitude comes from the recognition that denial is inherently weak
and unreliable by virtue of its being an excuse too easy and too convenient for the
guilty to make. Denial, to be worthy of consideration at all, should be substantiated by
clear and convincing evidence. Hence, the appeal of the accused should also fail
because it relied solely on negative and self-serving negations. Verily, the denial carried
no weight in law and had no greater evidentiary value than the testimonies of credible
witnesses of the Prosecution who testified on affirmative matters.[14]
We next ascertain if the CA properly affirmed the imposition of the penalties for illegal
recruitment in large scale and the three counts of estafa.
Under Section 7(b)[15] of the Migrant Workers' Act, the penalty for illegal recruitment in
large scale is life imprisonment and fine of not less than P500,000.00 nor more than
P1,000,000.00 Although Republic Act No. 10022,[16] approved on March 8, 2010, has
since introduced an amendment to the Migrant Workers' Act to raise the imposable fine
to not less than P2,000,000.00 nor more than P5,000,000.00, the amendment does not
apply herein because the illegal recruitment subject of this case was committed in
October and November, 2002, or long before the amendment took effect. Accordingly,
we hold that the RTC and CA correctly imposed life imprisonment and fine of
P1,000,000.00.[17]
For the three counts of estafa, the relevant legal provision is Article 315, first
paragraph, of the Revised Penal Code, which provides:
Article 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
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