A. I gave it to Mr. Borromeo, sir, and then he gave it to his wife. (p. 19-20, TSN, February 7, 1994) Q. When you testified, you said that the amount of P3,000.00 was given to the accused himself and according to you the accused counted the money and then it was given to the wife? A. Yes, sir. (Cross-examination of Edwin Ortiz, p. 4, TSN, February 9, 1994). Q. That was the first time you paid the amount of P3,000.00? A. Yes, sir. Q. To whom did you gave that money? A. To both the spouses, sir. (p. 23-24, TSN, Direct Examination of Edwin Nana, February 9, 1994) Q. Did you actually give this P3,000.00 for medical expenses and the P12,000.00 for processing of the papers? A. Yes, sir. Q. To whom did you give that amount of P3,000? A. To Mr. Borromeo. (p. 5, TSN, February 21, 1994, Direct Examination of B. Fulgencio) In the case of Lim v. Court of Appeals, 271 SCRA 12, convert and misappropriate were held to mean: an act of using or disposing of anothers property as if it were ones own or devoting it to a purpose or use different from that agreed upon. The following elements of estafa have been established: 1) the accused defrauded another by a] abuse of confidence or b] by means of deceit and 2) the offended party or third party suffered damage or prejudice capable of pecuniary estimation. (Tan v. Court of Appeals, 283 SCRA 30, citing People v. Bautista, 241 SCRA 216, People v. Reyes, 282 SCRA 105) In the cases under scrutiny, estafa was consummated when the appellant together with wife Elizabeth and brotherin-law Willy Ramos falsely pretended to be capable of sending workers abroad, and as convinced by the appellant and his co-conspirators, the said applicants delivered their placement fee to appellant and his wife. With respect to the charge of illegal recruitment, no less than the Philippine Overseas Employment Administration confirmed that the spouses Borromeo, and Willy Ramos did not have any authority or license to recruit overseas workers. Neither was there a recruitment agency such as EER Employment Agency. In People v. Recio, 282 SCRA 274, it was held that: illegal recruitment is committed when two requisites concur, to wit: 1) that the offender has no valid