5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly established, the act of one conspirator is the act of all. All three private complainants testified that they paid placement fees to Daud, who issued receipts for some amounts either in her name or in the name of one “Nimfa Min.” Moreover, the payment of placement fees to illegal recruiters is not evidenced by receipts alone; it can also be established by testimonies of witnesses. In People v. Pabalan,[30] we held: Although not all of the amounts testified to by complainants were covered by receipts, the fact that there were no receipts for some of the amounts delivered to him does not mean that appellant did not accept or receive such payments. This Court has ruled in several cases that the absence of receipts in a criminal case for illegal recruitment does not warrant the acquittal of the accused and is not fatal to the case of the prosecution. As long as the witnesses had positively shown through their respective testimonies that the accused is the one involved in the prohibited recruitment, he may be convicted of the offense despite the want of receipts. The Statute of Frauds and the rules of evidence do not require the presentations of receipts in order to prove the existence of a recruitment agreement and the procurement of fees in illegal recruitment cases. The amounts may consequently be proved by the testimony of witnesses. (Citation omitted.) Again, there is no cogent reason for us to disturb the finding of the RTC, affirmed by the Court of Appeals, that both elements of estafa are present in Criminal Case Nos. 03-0123, 03-0127, and 03-0130. Thus, we sustain appellant’s conviction for estafa, punishable under Article 315, paragraph 2(a), of the Revised Penal Code. The penalty for estafa depends on the amount of defraudation. Per Article 315 of the Revised Penal Code: Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned herein below shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be[.] The prescribed penalty for estafa under Article 315 of the Revised Penal Code, when the amount of the fraud is over P12,000.00 but not exceeding P22,000.00, is prision elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079 15/19

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