6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly fallo of the RTC Decision convicted appellant of two counts of estafa under Article 315(1)(b) of the Revised Penal Code, as amended. Appellant appealed to the CA. The CA denied the appeal and affirmed the conviction of appellant for illegal recruitment in large scale and two counts of estafa. However, it reduced the penalty of imprisonment imposed in Criminal Case No. 02-199404 to an indeterminate penalty of 6 months and 1 day of prision correccional as minimum, to 10 years of prision mayor as maximum. Appellant was also ordered to refund to Bunuan the reduced amount of P45,000. In affirming appellant's conviction for illegal recruitment in large scale, the CA cited the testimonies of the complainants that appellant led them to believe that she had the power to send them to work in Korea and Australia. They were required to submit their bio-data and passports. They were also asked to give substantial amounts of money on several occasions for the processing of their visas and other documents necessary for deployment. Still, they were not able to leave the country and work abroad. Efforts to have their money refunded also failed, said the CA. On the estafa charges, the CA ruled that the elements of estafa under Article 315(2)(a) of the Revised Penal Code, as amended, were present. The CA again noted the clear and categorical testimonies of the complainants that they were made to believe that appellant had the authority to send them to work in Australia and Korea, for which reason they gave her substantial amounts of money. Hence, this appeal. Issue The essential issue is whether appellant's guilt was proven beyond reasonable doubt. Our Ruling We rule in the affirmative. The appeal lacks merit. Section 6 of Republic Act No. 8042 (RA 8042) defines illegal recruitment as follows: SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61268 3/9