6/7/2020
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The protest of the accused-appellant is untenable.
Dahab's supposed recantation to the effect that he had only sought the assistance of
the accused-appellant for his medical examination by no means weakened or
diminished the Prosecution's case against her. Its being made after he had lodged his
complaint against her with the PNP-CIDG (in which he supplied the details of his
transactions with her) and after he had testified against her in court directly
incriminating her rendered it immediately suspect. It should not be more weighty than
his first testimony against her which that was replete with details. Its being the later
testimony of the Dahab did not necessarily cancel his first testimony on account of the
possibility of its being obtained by coercion, intimidation, fraud, or other means to
distort or bend the truth.
Recantation by a witness is nothing new, for it is a frequent occurrence in criminal
proceedings. As a general rule, it is not well regarded by the courts due to its nature as
the mere afterthought of the witness. To be given any value or weight, it should still be
subjected to the same tests for credibility in addition to its being subject of the rule
that it be received with caution.[27] The criminal proceedings in which sworn testimony
has been given by the recanting witness would be rendered a mockery, and put at the
mercy of the unscrupulous witness if such testimony could be easily negated by the
witness's subsequent inconsistent declaration. The result is to leave without value not
only the sanctity of the oath taken but also the solemn rituals and safeguards of the
judicial trial. If only for emphasis, we reiterate that it is "a dangerous rule to reject the
testimony taken before the court of justice simply because the witness who has given it
later on changed his mind for one reason or another, for such a rule will make a solemn
trial a mockery and place the investigation at the mercy of unscrupulous witnesses."[28]
II
Estafa
The conviction of the accused-appellant for illegal recruitment committed in large scale
did not preclude her personal liability for estafa under Article 315(2)(a) of the Revised
Penal Code on the ground of subjecting her to double jeopardy. The elements of estafa
as charged are, namely: (1) the accused defrauded another by abuse of confidence or
by means of deceit; and (2) the offended party, or a third party suffered damage or
prejudice capable of pecuniary estimation.[29] In contrast, the crime of illegal
recruitment committed in large scale, as indicated earlier, requires different elements.
Double jeopardy could not result from prosecuting and convicting the accused-appellant
for both crimes considering that they were entirely distinct from each other not only
from their being punished under different statutes but also from their elements being
different.
The active representation by the accused-appellant of having the capacity to deploy
Miparanum abroad despite not having the authority or license to do so from the POEA
constituted deceit as the first element of estafa. Her representation induced the victim
to part with his money, resulting in damage that is the second element of the estafa.
Considering that the damage resulted from the deceit, the CA's affirmance of her guilt
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