SECOND DIVISION
[G.R. NO. 128513. December 27, 2000]
EMMA OFFEMARIA MARCELO, petitioner, vs. COURT OF APPEALS
and THE PEOPLE OF THE PHILIPPINES,respondents.
DECISION
DE LEON, JR., J.:
Before us is a petition for review on certiorari of the Decision[1] of the Court of
Appeals dated October 23, 1996 in its affirmance of the Decision of the Regional Trial
Court of Manila, Branch 8 dated June 18, 1991 [2] in Criminal Case No. 84-25822 finding
petitioner Emma Offemaria Marcelo guilty beyond reasonable doubt of the crime of
Estafa as defined and penalized under Art. 315 (2) (a) of the Revised Penal Code.
The facts, as borne by the records, are as follows:
On May 7, 1982, private complainant Clarita Mosquera was at home when her
cousin Milagros Gasmen[3] arrived with Nemia Magalit Diu.[4]Nemia Magalit Diu presented
herself as one authorized to recruit baby-sitters for the United States and convinced
Clarita to apply. Clarita applied because of the attractive salary of about $300.00 a
month.[5]
On May 15, 1982, Clarita Mosquera together with her aunt, Helen Paminsan, and
joined by co-accused Nemia Magalit Diu and herein petitioner Emma Marcelo went to
the office of Angelica C.J. Offemaria, mother of petitioner, at 2170 Karapatan St., Sta.
Cruz, Manila.[6] Emma Marcelo introduced the two to Angelica Offemaria who presented
herself as the General Manager of the Office and allegedly authorized to recruit babysitters for the United States and that they are in need of two baby-sitters.[7] In the
process she required the applicants to deposit P5,000.00 each. [8]
Private complainant Clarita Mosquera and her aunt, Helen Paminsan, gave
P8,925.00 to accused Angelica Offemaria as evidenced by the May 20, 1982 receipt
signed by Angelica Offemaria in their presence.[9] Angelica Offemaria told them that they
lacked P2,500.00 so they went home and returned with the amount giving it to her as
evidenced by the receipt dated May 20, 1982[10] signed by Angelica Offemaria in their
presence[11] and after having completed the amount as deposit, accused told them to
wait for the good news so they waited until June and July 1992.[12]
On July 15, 1982, Angelica Offemarias nieces, Flor Nocete and Leila [13] Briones,
went to private complainants house and told them to pay the balance of P18,000.00 to
Angelica Offemaria so that the latter could get their plane tickets for the United
States.[14] On July 17, 1982, private complainant, upon instructions of Angelica