Moreover, accused-appellant and her husbands acts of receiving almost all the payments of the complainants and issuing receipts signed by Julie Micua contradict her claim of being a mere applicant. There were even times that accused-appellant herself signed the receipts for the placement fees.23[23] Taken as a whole, the evidence shows that accused-appellant conspired and actively participated in the deceitful plan adopted by her co-accused Julie Micua, Rico Cordova and her own husband, Renato Meris, to hire without license or authority, gullible and nave applicants for non-existent overseas jobs. Likewise, we find that accused-appellant committed the crime of estafa under Article 315, paragraph 2 of the Revised Penal Code. This is committed by any person who defrauds another by using a fictitious name, or falsely pretends to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of similar deceits executed prior to or simultaneously with the commission of the fraud. The offended party must have relied on the false pretense, fraudulent act or fraudulent means of the accused-appellant and as a result thereof, the offended party suffered damages.24[24] Complainants parted with their money upon accused-appellants prodding and enticement, and on the false belief that she had the capacity to deploy them abroad. In the end, complainants were neither able to leave nor get their money back. A close scrutiny of the appealed decision warrants correction of the penalty imposed in each of the estafa cases. The pertinent provision of the Revised Penal Code is as follows: ART. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which maybe imposed shall not exceed twenty years. In such case, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, a the case may be; 23[23] Exhibit "F," Records, p. 170. 24[24] People vs. Juego, 298 SCRA 27, 33 (1998)

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