4/9/2020
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accessory penalties of civil interdiction and perpetual absolute disqualification from the
right of suffrage. It also modified the appellant’s indeterminate penalty for the two (2)
counts of estafa to two (2) years, four (4) months and one (1) day of prision
correccional, as minimum, to five (5) years, five (5) months and eleven (11) days of
prision correccional, as maximum, for each count.[6]
We now rule on the final review of the case.
Our Ruling
We dismiss the appeal.
We find no reason to reverse the findings of the RTC, as affirmed by the CA. The
appellant is guilty of large scale illegal recruitment. The essential elements of large
scale illegal recruitment, to wit: a) the offender has no valid license or authority
required by law to enable him to lawfully engage in recruitment and placement of
workers; b) the offender undertakes any of the activities within the meaning of
"recruitment and placement" under Article 13(b) of the Labor Code, or any of the
prohibited practices enumerated under Article 34 of the said Code (now Section 6 of
Republic Act No. 8042); and c) the offender committed the same against three (3) or
more persons, individually or as a group,[7] are present in this case. The prosecution
adduced proof beyond reasonable doubt that the appellant enlisted the three (3)
complainants for overseas employment without any license to do so.
The RTC and the CA correctly rejected the subsequent recantations of Alviar and
Pagcaliwagan since these were made a year after their testimonies in court.[8] Also,
Alviar failed to offer any explanation for her change of mind,[9] while Pagcaliwagan
admitted that he recanted because the appellant returned the money he paid.[10] We
have often stressed that recantations are frowned upon since a recantation is
exceedingly unreliable; it is easily secured from a poor and ignorant witness, usually
through intimidation or for monetary consideration.[11]
The penalty for large scale illegal recruitment is life imprisonment and a fine of not less
than P500,000.00 nor more than P1,000,000.00.[12] Thus, the RTC and the CA
correctly imposed upon the appellant the penalty of life imprisonment and a
P500,000.00 fine. The CA correctly deleted the accessory penalties of civil interdiction
and perpetual absolute disqualification from the right of suffrage imposed by the RTC
since such additional penalty is not part of the prescribed penalty for the offense.[13]
The appellant is also guilty of two (2) counts of estafa. The essential elements of
estafa, to wit: (a) that the accused defrauded another by abuse of confidence or by
means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person,[14] are present in this case. The
prosecution adduced proof beyond reasonable doubt that the complainants shelled out
processing fees to the appellant due to her false representations of overseas jobs,
which did not materialize.
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