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414 Phil. 113
SECOND DIVISION
[ G.R. Nos. 135030-33, July 20, 2001 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MERCY
LOGAN Y CALDERON, ACCUSED-APPELLANT.
DECISION
DE LEON, JR., J.:
Before us on appeal is the Joint Decision[1] of the Regional Trial Court of Quezon City,
Branch 103, in Criminal Cases Nos. Q-96-66231 to Q-96-66234 convicting the
appellant of the crimes of estafa and illegal recruitment in large scale.
The appellant, Mercy Logan y Calderon, was charged with three (3) counts of the crime
of estafa, as defined and penalized under Article 315 of the Revised Penal Code, in
three (3) separate informations which, save for the names of the private complainants
and amounts involved,[2] are substantially worded, thus:
Criminal Case No. Q-96-66231:
That on or about and during the period comprised from January to August
1994 in Quezon City, Philippines, the said accused, did then and there
wilfully, unlawfully and feloniously defraud Rodrigo Acorda y Javier in the
following manner, to wit: the said accused, by means of false manifestation
and fraudulent representations which she made to said Rodrigo Acorda y
Javier to the effect that she had the power and capacity to recruit and
employ factory and construction worker for Japan and could facilitate the
processing of the pertinent papers if given the necessary amount to meet
the requirements thereof, and by means of other similar deceits, induced
and succeeded in inducing said Rodrigo Acorda y Javier and to give and
deliver, as in fact gave and delivered to said accused the amount of
P65,000.00 on the strength of said manifestations and representations, said
accused well knowing that the same were false and fraudulent and were
made solely to obtain, as in fact she did obtain the amount of P65,000.00
which amount once in possession, with intent to defraud wilfully, unlawfully
and feloniously misappropriated, misapplied and converted to her own
personal use and benefit, to the damage and prejudice of said Rodrigo
Acorda y Javier in the aforesaid amount of P65,000.00
CONTRARY TO LAW.
On the other hand, the information charging the appellant Mercy Logan y Calderon with
the crime of illegal recruitment in large scale, under Article 38(b) in relation to Article
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