POEA for provincial recruitment or recruitment activities outside the RSI office was
obtained.
Finally, the trial court did not err in finding appellants guilty of eight (8) counts of
estafa. It is settled that a person convicted of illegal recruitment under the Labor Code
can also be convicted of violation of the Revised Penal Code provisions on estafa
provided that the elements of the crime are present.[65] The elements for estafa are: (a)
that the accused defrauded another by abuse of confidence or by means of deceit, and
(b) that damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person.[66]
Appellants deceived complainants into believing that they had the authority and
capability to send them to Taiwan for employment. By reason or on the strength of such
assurance, complainants parted with their money in payment of the placement fees.
Since the representations of appellants proved to be false, paragraph 2(a), Article 315
of the Revised Penal Code is applicable. Buli-es claim that she did not benefit from the
money collected from complainants since she gave the payments to Josefina is of no
moment. It was clearly established that she acted in connivance with Josefina in
defrauding complainants. As regards Josefina, the fact that she returned the payment of
some of the complainants will not exculpate her from criminal liability. Criminal liability
for estafa is not affected by compromise or novation, for it is a public offense which
must be prosecuted and punished by the government on its own motion even though
complete reparation has been made of the damage suffered by the offended party. [67]
The actual damages in the sum of P15,000 awarded to each of complainants Fiaseo and Mangili, however, should be deleted inasmuch as said amounts have already
been reimbursed by Josefina during her detention.
WHEREFORE, the decision of the Regional Trial Court of Baguio City, Branch 15,
is AFFIRMED with the MODIFICATION that the actual damages awarded to Fias-eo
and Mangili in Criminal Cases Nos. 11125-R and 11126-R are deleted. Costs de oficio.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Vitug, Ynares-Santiago, and Carpio, JJ., concur.
[1]
Vol. I Records, p. 1.
[2]
All complainants, except for Lampoyas, gave Buli-e the total sum of P15,000 each as downpayment for
the placement fee. Lampoyas gave Buli-e a total of P14,000 as downpayment.
[3]
Records, Criminal Case No. 1123-R, p. 1.
[4]
TSN, October 11, 1993, p. 3.
[5]
TSN, November 19, 1993, p 5; TSN, March 15, 1994, p. 3.
[6]
TSN, September 16, 1993, p. 4.
[7]
TSN, September 30, 1993, p. 5; October 15, 1993, p. 3.