People vs Reyes : 104739-44 : November 18, 1997 : J. Panganiban : Th... 3 of 11 http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/104739_44.htm Rodolfo Caures guilty beyond reasonable doubt of the crime of Estafa defined in and penalized by Article 315, paragraph 2(a) of the Revised Penal Code and, conformably with Article 315, first paragrph [sic] of the same Code, hereby imposes on said Accused an indeterminate penalty of from One (1) Year, Eight (8) Months and Twenty One (21) Days of Prision Correccional as Minimum, to Five (5) Years, Five (5) Months and Eleven (11) Days, of Prision Correccional, as Maximum; 6. In People versus Rodolfo Caures, et al., Criminal Case No. 90-83391, the Court found the Accused Rodolfo Caures guilty beyond reasonable doubt of the crime of Estafa defined in and penalized by Article 315, paragraph 2(a) of the Revised Penal Code and, conformably with Article 315, first paragraph of the same Code, hereby imposes on said Accused an indeterminate penalty of from One (1) Year, Eight (8) Months and Twenty One (21) Days of Prision Correccional as Minimum to Five (5) Years, Five (5) Months and Eleven (11) Days, of Prision Correccional, as Maximum. The Accused is hereby ordered to refund to the Private Complainants Alvaro Monzon, Pedro Regalado, Amelia Salinas, Gloria Salvador and Teresita Carillo the total amount of P64,000.00, with interests thereon, at the rate of 6% per cent per annum from July 31, 1989 until the same is paid in full by the Accused. The period during which the Accused was detained during the pendency of these cases shall be credited to him in full provided that he agreed in writing to abide by and comply strictly with the rules and regulations of the City Jail of Manila. With costs against the Accused. In view of the penalty imposed, i.e. life imprisonment, the appeal was filed directly with this Court.[10] The Facts The facts of the case are summarized in the decision of the trial court,[11] which appellant copied in his brief,[12] as follows: As culled by the Court from the evidence mustered by the Prosecution, it has been amply established that the Accused Rose Reyes, a resident of No. 2557 Callejo 9, Del Pan Street, Sta. Ana, Manila, was able to secure employment for Esmeralda Concepcion, in Taipei, as a factory worker for a contract period of two (2) years. After the completion of her contract of employment in Taipei, Esmeralda Concepcion returned to the Philippines. Sometime in June, 1989, Esmeralda Concepcion told her cousin, Lily Monzon, a public school teacher, that if the latters son, Alvaro Monzon was interested for employment in Taipei, he can apply with the Accused Rose Reyes. Lily Monzon told Esmeralda Concepcion that her son was interested. Lily Monzon did not anymore inquire from the Philippine Overseas Employment Administration if the Accused Rose Reyes was a licensed recruiter because, after all, the Accused Rose Reyes was able to secure employment for her cousin Esmeralda Concepcion in Taipei. One afternoon, in the same month, Lily Monzon and Esmeralda Concepcion later went to the house of the Accused Rose Reyes and inquired from the latter if there was any vacancy for any job in Taipei and the Accused informed Lily Monzon that there were vacancies and she was accepting applicants for employment as factory workers in Taipei at a salary of US$400.00 a month. The Accused Rose Reyes told Lily Monzon that if she had relatives to secure employment in Taipei, they can apply through her. The Accused Rose Reyes told Lily Monzon that she had an associate who could facilitate processing of applications for employment abroad and for the issuance of visas and that she, the Accused Rose Reyes, was connected with an employer in Taipei. The Accused Rose Reyes required that applicants submit their bio-data, Identification cards and 2 x 2 pictures pasted on their Identification cards, and the Accused even mentioned the name of a studio along Taft Avenue, Pasay City, where the pictures of applicants could be taken. Lily Monzon told her mother about the prospects of employment in Taipei and the prospects of employment in that country through the 1/25/2016 12:35 AM