required P45,000.00 for the entire fee but accepted the P15,000.00 initial
payment. A receipt was issued but misplaced by Peralta. On April 8, 1994,
Peralta filed a complaint affidavit against appellant due to her failure to send
her to Taiwan (pp. 1-8, TSN, January 15, 1996).
APPELLANT RECRUITED RIZZA OLIVA
Appellant was also able to recruit Rizza Oliva by making the same promise of
sending factory workers to Taiwan and issued a receipt in the amount
of P15,000.00 on November 16, 1993 at her residence (Exhibit M) (pp. 2-7,
TSN, March 11, 1996).[5]
Upon the other hand, accused-appellant denied having recruited the
complainants. She claims that she received the amounts given to her to buy plane
tickets for the complainants amounting to P135,000.00. She gave the whole amount to
Danilo de Guia, the General Manager of Blue Sky Travel Agency, who also gave her a
receipt. She contends that she could no longer produce said receipt as she returned it
to Danilo de Guia when the latter reimbursed the amount paid for the plane
tickets. Accused-appellant claims further that she only received from De Guia a total
of P90,000.00 out of the P135,000.00 that she paid him. According to accusedappellant, she tried to reimburse the amount ofP90,000.00 to the complainants but the
latter refused to accept the same and demanded double the amount.
Assessing the evidence, the trial court gave full credit to the version of the
prosecution and found unmeritorious accused-appellants defense. The trial court found
accused-appellant guilty beyond reasonable doubt of illegal recruitment in large scale
and of five counts of estafa.It adjudged:
WHEREFORE, premises considered, the court finds the accused guilty
beyond reasonable doubt of Illegal Recruitment and five (5) counts of
Estafa. For the offense of Illegal Recruitment, the accused is sentenced to
suffer the penalty of life imprisonment and a fine of P100,000.00, with
subsidiary imprisonment in case of insolvency.
For the crime of Estafa under par. 2(a) Art. 315 of the Revised Penal Code,
the penalty provided for by law is prision correccional in its maximum period
to prision mayor in its minimum period. Applying the Indeterminate Sentence
Law, one degree lower would be six (6) months, one (1) day to four (4) years
and two (2) months. Taking all these into consideration, the accused, Beth
Banzales is sentenced to suffer the indeterminate penalty of six (6) months
and on (1) day of prision correccional as minimum to seven (7) years
of prision mayor as maximum for each in Criminal Cases Nos. Q-94-58107;
Q-94-58108; Q-94-58111; Q-94-58113. In Criminal Case No. Q-94-58112,
inasmuch as the amount of the fraud is P25,000.00 which exceeds