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810 Phil. 626
THIRD DIVISION
[ G.R. No. 198795, June 07, 2017 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V.
MERCEDITAS MATHEUS Y DELOS REYES, ACCUSED-APPELLANT.
DECISION
TIJAM, J.:
In this appeal, accused-appellant Merceditas Matheus y Delos Reyes assails the March
7, 2011 Decision[1] of the Court of Appeals (CA) in CA G.R. CR. H.C. No. 03737, which
affirmed the November 26, 2008 Joint Decision[2] of the Regional Trial Court (RTC),
Branch 218 of Quezon City, in Criminal Case Nos. Q-03-119663-69, finding accusedappellant guilty beyond reasonable doubt of five counts of Estafa and one count of
Large Scale Illegal Recruitment under Republic Act (RA) No. 8042 or the Migrant
Workers and Overseas Filipino Act of 1995.
The antecedent facts are as follows:
Accused-appellant was charged with six counts of Estafa under Article 315 (2) (a) of
the Revised Penal Code (RPC) and one count of Large Scale Illegal Recruitment under
RA 8042, based on the affidavit-complaints made by the following: Thelma N. Suratos
(Suratos); Glenda R. Guillarte (Guillarte); Merly O. Alayon (Alayon); Celso J. Bagay, Jr.
(Bagay, Jr.); Rogelio Duldulao (Duldulao); and Doriza P. Gloria (Gloria).
The identical Information for six counts of Estafa, save for the names of the
complainants, the amounts involved, and the dates of their commission, read as
follows:
Crim. Case No. Q-03-119663[3]
That on or about the period comprised from February 19, 2003 to February
26, 2003, in Quezon City, Philippines, the said accused conspiring together,
personal circumstances have not as yet been ascertained and mutually
helping each other, did, then and there willfully, unlawfully and feloniously
defraud THELMA SURATOS y NARAG, in the following manner, to wit: the
said accused, by means of false manifestations and fraudulent
representation which they made to Thelma Suratos to the effect that they
had the power and capacity to recruit and employ Thelma Suratos for
employment abroad, and could facilitate the processing of the pertinent
papers if given the necessary amount to meet the requirements thereto, and
by means of other similar deceits, induced and succeeded in inducing said
Thelma Suratos to give and deliver, as in fact gave and delivered to said
accused the amount of P55,000.00, Philippine Currency, on the strength of
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