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417 Phil. 361
THIRD DIVISION
[ G.R. No. 138431-36, September 12, 2001 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
DIOSCORA M. ARABIA AND FRANCISCA L. TOMAS, ACCUSEDAPPELLANTS.
DECISION
GONZAGA-REYES, J.:
This is an appeal from the decision[1] of the Regional Trial Court of Quezon City, Branch
102, finding accused-appellants Dioscora M. Arabia and Francisca L. Tomas both guilty
of illegal recruitment in large scale and sentencing them to each suffer the penalty of
life imprisonment and to each pay a fine of P100,000.00; and five (5) counts each of
estafa for which both were sentenced to suffer an indeterminate prison term of one (1)
year, eight (8) months and twenty-one (21) days of prision correccional as minimum, to
five (5) years, five (5) months and eleven (11) days of prision correccional as
maximum for each of the four counts. In another count of estafa, they were each
sentenced to suffer an indeterminate prison term of two (2) years, eleven (11) months
and eleven (11) days of prision correccional as minimum, to six (6) years, eight (8)
months and twenty-one (21) days of prision correccional as maximum. They were
further ordered to solidarily pay the complainants the following amounts by way of
actual damages: (1) P23,000.00 to Rolando Rustia; (2) P16,000.00 to Noel de la Cruz;
(3) P16,000.00 to Teresita Julva Lorenzo; (4) P16,000.00 to Violeta S. de la Cruz; and
(5) P16,000.00 to Remelyn Nona Jacinto.
The Information for Illegal Recruitment in Large Scale docketed as Crim. Case No. Q93-48585 alleged that Dioscora M. Arabia and Francisca L. Tomas, without the requisite
license or authority from the POEA recruited six (6) individuals, namely, Violeta S. De
La Cruz, Noel De La Cruz, Pelagia Dela Cruz, Remelyn Jacinto, Teresita Lorenzo and
Rolando Rustia for employment abroad. It reads:
"The undersigned accuses DIOSCORA M. ARABIA and FRANCISCA T. TOMAS
of the crime of Illegal Recruitment in Large Scale (Art. 38 (a) in relation to
Art. 39 (b) of the Labor Code of the Philippines, as amended by P.D. 2018),
committed as follows:
That on or about the period comprised from October 1992 to January 16,
1993, in Quezon City, Philippines, the above-named accused, conspiring
together, confederating with and mutually helping each other, by falsely
representing themselves to have the capacity to contract, enlist and recruit
workers for employment abroad, did, then and there willfully, unlawfully and
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