G.R. No. 179934
http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/179934.htm
Cabanlong are found Guilty of three (3) counts of Simple Illegal Recruitment, and are
sentenced to suffer a prison term of Six (6) years and one (1) day as minimum, to twelve
(12) years as maximum, and to pay a fine of P200,000 on each count.
(3) Accused Erlinda Abordo is, likewise, found guilty beyond reasonable doubt of the
crime of Estafa in Crim. Case No. V-0654, as provided for under Art. 315, par. 2(a), and is
hereby sentenced to suffer the indeterminate penalty of SIX (6) MONTHS and ONE (1)
DAY of prision correccional in its minimum and medium periods, as minimum, to FOUR
(4) YEARS, TWO (2) MONTHS and ONE (1) DAY of prision correccional in its
maximum period to prision mayor in its minimum period, as maximum, and to reimburse
Jesus Rayray in the amount of FOURTEEN THOUSAND PESOS (P14,000).
(4) Further, accused Erlinda Abordo and Vina Cabanlong are found guilty beyond
reasonable doubt of three (3) counts of estafa and are hereby sentenced to suffer the
indeterminate penalty of:
a) SIX (6) MONTHS AND ONE (1) DAY of prision correccional in its minimum and
medium periods, as the minimum, to TEN (10) YEARS of prision mayor, medium, as
the maximum and to reimburse Jaime Fernandez in the amount of FORTY FIVE
THOUSAND PESOS (P45,000) in Crim. Case No. V-0767;
b) SIX (6) MONTHS AND ONE (1) DAY of prision correccional in its minimum and
medium periods, as the minimum, to NINE (9) YEARS of prision mayor, medium, as
the maximum and to reimburse Exequiel Mendoza in the amount of THIRTY NINE
THOUSAND PESOS (P39,000) in Crim. Case No. V-0769; and
c) SIX (6) MONTHS AND ONE (1) DAY of prision correccional in its minimum and
medium periods, as the minimum to FOUR (4) YEARS, TWO (2) MONTHS and ONE
(1) DAY of prision correccional in its maximum period to prision mayor in its
minimum period, as maximum, and to reimburse Esmenia Cario in the amount of
[17]
FIFTEEN THOUSAND (P15,000) in Crim. Case No. V-0772.
The Issue
The sole issue in this case is whether the accused are guilty of simple illegal recruitment
and estafa under Article 315, 2(a) of the Revised Penal Code.
The Ruling of this Court
The Court affirms the conviction of the accused for the crimes charged. However, the Court
modifies the penalties imposed on the accused in the estafa cases.
The elements of illegal recruitment are (1) the offender has no valid license or authority
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