SYLLABI/SYNOPSIS
SECOND DIVISION
[G.R. Nos. 108440-42. March 11, 1999]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE MERCADO y MERCADO
alias VICENTE TAN, accused-appellant.
DECISION
MENDOZA, J.:
This is an appeal from the decisioni[1] of the Regional Trial Court of Manila, Branch XLI,
finding accused-appellant Vicente Mercado y Mercado alias Vicente Tan guilty of (1) illegal
recruitment committed in large scale and sentencing him to suffer life imprisonment, pay a fine
of P100,000.00, and indemnify private complainants in actual damages amounting to a total of
P190,000.00; and (2) estafa for which he was sentenced to suffer an indeterminate prison term
ranging from six (6) years and two (2) months of prision mayor, as minimum, to ten (10) years
of prision mayor, as maximum, and to indemnify private complainant Nelson Tamares in the
sum of P45,000.00 by way of actual damages. Another case for estafa filed against accusedappellant was dismissed for lack of evidence.
The facts are as follows:
In Criminal Case No. 92-105275, the information for illegal recruitment in large scale alleged
That in or about the period comprised between May 1, 1991 and April 5, 1992, in the City of
Manila, Philippines, the said accused, conspiring and confederating with others whose true
names, real identities and present whereabouts are still unknown and helping one another
representing themselves to have the capacity to contract, enlist and transport Filipino workers for
employment abroad, did then and there wilfully and unlawfully, for a fee, recruit and promise
employment/job placement abroad to the following persons: Antonio Peralta y Bragado, Ruth
Enriquez y Bagui, Ignacio Rivera y Dionisio, Danilo Rivera y Buenaventura, Domingo Baetiong
y Palamario, Nelson Tamares y Veranga, Jimmy Elep y Asis without first having secured the
required license or authority from the Department of Labor and Employment.
Contrary to law.ii[2]
Two other informations for estafa were also filed. In Criminal Case No. 92-105276, it was
charged