G.R. No. 179934
http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/179934.htm
The accused denied the charges against them. In their brief, the accused claimed that they
could not be held liable for estafa under Article 315, 2(a) of the Revised Penal Code since
the element of deceit was not established. They alleged that they received the placement
fees on behalf of the travel agency. They argued that it was unclear whether the false
statements or fraudulent representations were made prior to or simultaneously with the
delivery of the money by the complainants.
The Ruling of the Trial Court
After the trial, the Regional Trial Court, Branch 50, Villasis, Pangasinan rendered a
Decision dated 10 May 2001 disposing of the cases as follows:
WHEREFORE, foregoing premises considered, the Court finds the accused Erlinda Abordo
and Vina Cabanlong guilty beyond reasonable doubt of the crime of Illegal Recruitment in
large scale in Crim. Case Nos. V-0655, V-0768, V-0770 and V-0771, defined and penalized
under Art. 38, par. (a) in relation to Art. 39, par. (a) of the Labor Code of the Philippines, as
amended by P.D. 2018, and hereby sentences them to suffer the penalty of life
imprisonment and to pay, jointly and severally, fine of ONE HUNDRED THOUSAND
PESOS (100,000.00).
Accused Erlinda Abordo is, likewise, found guilty beyond reasonable doubt of the crime of
Estafa in Crim. Case No. V-0654, as provided under Art. 315, par. 2(a), and hereby
sentences her to suffer the indeterminate penalty of 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 the maximum, and to reimburse Jesus
Rayray the amount of FOURTEEN THOUSAND PESOS (P14,000.00).
Further, accused Erlinda Abordo and Vina Cabanlong are found guilty beyond reasonable
doubt of three (3) counts of estafa and hereby sentences them to suffer the indeterminate
penalty of:
1) SIX (6) MONTHS and ONE (1) DAY of prision correccional in it minimum and
medium periods, as the minimum to TEN (10) YEARS of prision mayor, medium,
as the maximum and to reimburse Jaime Fernandez the amount of FORTY FIVE
THOUSAND PESOS (P45,000.00) in Crim. Case No. V-0767;
2) 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 the amount of THIRTY NINE
THOUSAND PESOS (P39,000.00) in Crim. Case No. V-0769; and
3) 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 the maximum, and to reimburse Esmenia Carino the amount of
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