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811 Phil. 745
SECOND DIVISION
[ G.R. No. 214500, June 28, 2017 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS, MICHELLE
DELA CRUZ,*** ACCUSED-APPELLANT.
DECISION
PERALTA,** J.:
Before this Court is an appeal from the Decision[1] dated July 2, 2013 of the Court of
Appeals (CA) in CA-G.R. CR-HC No. 04935. The CA affirmed the Decision[2] dated
October 21, 2010 of the Regional Trial Court (RTC) of Makati City in Criminal Cases
Nos. 05-412 to 415, which convicted appellant Michelle Dela Cruz of illegal recruitment
in large scale and estafa.
Appellant was charged with illegal recruitment in large scale and three (3) counts of
estafa under Article 315, paragraph 2(a) of the Revised Penal Code. The Informations
against appellant read:
Criminal Case No. 05-412 for Illegal Recruitment (Large Scale):
That in or about and sometime from September 21, 2004 to February 18,
2005, in the City of Makati, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused not being authorized by the
POEA of the Department of Labor and Employment to recruit workers for
overseas employment, did then and there willfully, unlawfully and feloniously
promise and recruit the following complainants, to wit:
ARMELY AGUILAR UY,
SHERYL AGUILAR REFORMADO
& ADONA LUNA QUINES LAVARO
for an overseas job placement abroad and in consideration of said promise,
said complainants paid and delivered the total amount of Php300,000.00 as
processing fees of their papers, but despite said promise, accused failed to
deploy complainants and despite demand to reimburse/return the amount
which complainants paid as processing fees, accused did then and there
refuse and fail to reimburse/return to said complainants the aforesaid
amount, thus in large scale amounting to economic sabotage, in violation of
the aforecited law.
Contrary to law.[3]
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