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in Qatar for a fee.[29] This factual finding was affirmed by the CA who observed that:
A thorough examination of the evidence on record reveals that the
prosecution clearly established that accused-appellant represented herself to
be a licensed agent of the local manning agency named Pert/CPM Manpower
Exponents Company Incorporated x x x. Accused-appellant induced, offered,
and promised Edgardo Ramirez, Mary Ann Tucay, and Christopher Yambao
("private complainants", collectively) employment in Qatar - Ramirez would
be hired as a waiter, Tucay would be hired as a receptionist, and Yambao
would be hired as a mechanical engineer. Private complainants were
convinced and made to believe that accused-appellant was authorized to
hire them and capable of sending them to Qatar. Accused-appellant took the
resumes, medical examination results, and other documentation from
Ramirez, Tucay, and Yambao, promising that accused-appellant would be the
one to process their applications. In the guise of processing their
applications, accused-appellant asked for sums of money from private
complainants. x x x Despite receiving sums of money from private
complainants, accused-appellant did not issue any receipts. However, private
complainants were not deployed to Qatar. This prompted Ramirez, Yambao,
and another aspiring applicant, Richard Peroche, to verify with the Philippine
Overseas Employment Administration (POEA) whether accused-appellant
had a license to recruit. They discovered that accused-appellant was neither
licensed nor authorized to recruit workers for overseas employment, as
evinced by the POEA Certification dated May 24, 2011.[30]
As consistently adhered to by this Court, the matter of assigning values to declarations
on the witness stand is best and most competently performed by the trial judge,[31]
who had the unmatched opportunity to observe the witnesses and to assess their
credibility by the various indicia available but not reflected on the record. When such
findings have been affirmed by the CA, these are generally binding and conclusive upon
the Court. This attains more significance in this case as appellant's bare denial cannot
prevail over the positive and categorical testimonies[32] of Ramirez, Tucay, and
Yambao. Absent any evidence that the complainants were motivated by improper
motives, the trial court's assessment of the credibility of the witnesses shall not be
interfered with by this Court,[33] as in this case.
Second, the Certification issued by the POEA unmistakably reveals that appellant
neither had the license nor the authority to recruit workers for overseas employment.
This fact was stipulated upon by the defense when the testimony of POEA Rep. Dumigpi
was dispensed with. Third, there are at least three (3) victims in this case which makes
appellant liable for large-scale illegal recruitment. Clearly, the existence of the offense
of Illegal Recruitment in Large Scale was duly proven by the prosecution.
Meanwhile, the elements of Estafa as charged are, namely: (1) the accused defrauded
another by abuse of confidence or by means of deceit; and (2) the offended party, or a
third party suffered damage or prejudice capable of pecuniary estimation.[34] The
active representation by appellant of having the capacity to deploy Ramirez, Tucay, and
Yambao abroad despite not having the authority or license to do so from the POEA
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