6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly convicted separately for illegal recruitment under RA 8042 (or the Labor Code), and estafa under Article 315(2)(a)[21] of the Revised Penal Code.[22] The elements of estafa are: (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.[23] In this case, the prosecution proved beyond reasonable doubt that appellant deceived private complainants into believing that she had the authority and capability to send them to Korea for employment, despite her not being licensed by the POEA to recruit workers for overseas employment. She even showed them pictures of past applicants whom she allegedly sent abroad for work. She also assured them that she would be able to secure their visas and employment contracts once they pay the placement fee. Because of the assurances given by appellant, private complainants paid appellant a portion of the agreed placement fee, for which appellant issued petty cash vouchers[24] with her signature, evidencing her receipt of the payments. Clearly, these acts of appellant constitute estafa punishable under Article 315 (2)(a) of the Revised Penal Code. The penalty for estafa depends on the amount defrauded. Article 315 of the Revised Penal Code provides: ART. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow 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 redusion temporal, as the case may be; xxxx Thus, when the amount of fraud is over P12,000 but not exceeding P22,000, the penalty imposed is prision correccional in its maximum period to prision mayor in its minimum period, i.e., from 4 years, 2 months and 1 day to 8 years. Under the Indeterminate Sentence Law, the minimum term shall be within the range of the penalty next lower to that prescribed by the Revised Penal Code, which is prision correccional in its minimum to medium period. The time included in this penalty is from 6 months and 1 day to 4 years and 2 months. When the amount of fraud exceeds P22,000, the penalty shall be imposed in its maximum period, and adding one year for every PI0,000 in excess of P22,000. But, the total penalty imposed should not exceed 20 years. The maximum term under the Indeterminate Sentence Law is that which, in view of the attending circumstances, could be properly imposed under the Revised Penal Code. The range of penalty under elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60550 13/19