2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud;
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
In People v. Calonzo,xxxvi[36] the Court reiterated the rule that a person convicted of illegal
recruitment under the Labor Code can be convicted of violation of the Revised Penal Code
provisions on estafa, provided the elements of the crime are present. In People v.
Romero,xxxvii[37] the elements of the crime were stated, thus: (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. Both elements have been
proven in this case. The evidence for the prosecution shows that accused-appellant was able to
make private complainant Nelson Tamares part with his hard-earned money upon his fraudulent
misrepresentation that he can provide Tamares with work abroad.
Accused-appellant contends, however, that the testimonies given by the prosecution witnesses
are not sufficient to convict him. He points out that the evidence against him is purely
testimonial and not documentary. There is no merit in this contention. In People v.
Pabalan,xxxviii[38] we said:
Although not all of the amounts testified to by complainants were covered by receipts, the fact
that there were no receipts for some of the amounts delivered to him does not mean that
appellant did not accept or receive such payments. This Court has ruled in several cases that the
absence of receipts in a criminal case for illegal recruitment does not warrant the acquittal of the
accused and is not fatal to the case of the prosecution. As long as the witnesses had positively
shown through their respective testimonies that the accused is the one involved in the prohibited
recruitment, he may be convicted of the offense despite the want of receipts.
The Statute of Frauds and the rules of evidence do not require the presentations of receipts in
order to prove the existence of a recruitment agreement and the procurement of fees in illegal
recruitment cases. The amounts may consequently be proved by the testimony of
witnesses.xxxix[39]
For the same reason, we see no reason to disturb the award of actual damages by the trial court.
Although not all the complainants were able to produce receipts, they were all able to duly prove
by their respective testimonies that accused-appellant was involved in the entire recruitment
process and that he got their money.xl[40]
Fourth. Accused-appellant finally contends that complainants signed waivers in which they did
not only absolve his wife and others (i.e., accused-appellant and Quinses Bellosillo) but
acknowledged that they went abroad as tourists, knowing full well that they were merely taking
chances that they might be able to work abroad. The waivers are dated March 3, 1992, March 4,
1992, and March 5, 1992. These were the dates the complainants who signed the waivers left for
abroad. The dates confirm their claim that they did not have a chance to read the waivers before
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