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appellant's promises to send them abroad. As president and general
manager, it is of no doubt that accused-appellant was in the forefront of the
recruitment activities, otherwise she would have not received placement
fees from private complainants. Also, the positions held by accusedappellant vest upon her the authority of managing, controlling and directing
the corporate affairs. The attempt of accused-appellant to escape liability by
passing the blame to Ellen Maborang, a sub-agent or independent
contractor, has no bearing. It can be gleaned from the testimonies of private
complainants that accused-appellant, co-accused Ana, and Ellen cooperated
and coordinated in recruiting applicants. It was both Ana, as recruitment
and marketing officer, and Ellen, as agent, who brought recruits to Green
Pastures and introduced them to accused-appellant. The success of their
illegal scheme depended on their joint efforts x x x.[27]
The CA likewise maintained Rios' conviction for eight counts of Estafa under Article
315(2)(a). According to the CA, the same evidence proving Rios' liability for illegal
recruitment also established her liability for Estafa.[28] The maximum periods of Rios'
sentence in the Estafa cases were adjusted by the CA in accordance with the amounts
involved.[29]
Rios filed a Notice of Appeal[30] on May 14, 2015, which was given due course by the
CA on May 27, 2015.[31] On May 4, 2017, Rios filed a Supplemental Brief[32] arguing
that the prosecution failed to prove her guilt beyond reasonable doubt as there was no
direct evidence of her complicity in the acts complained of. She did not directly transact
with the private complainants or personally receive any money from them. The private
complainants dealt with Mabborang and Espiritu. The prosecution did not even allege,
much less prove, the existence of a conspiracy between Rios and her co-accused. Rios
was convicted as the principal in Large Scale Illegal Recruitment and Estafa but her
participation in the purported illegal acts was not established. Rios further asserts that
the Confession of Judgment is of doubtful validity and cannot be used as basis to
determine her criminal liability.
The Office of the Solicitor General (OSG) filed its Supplemental Brief[33] on June 5,
2018 maintaining that the prosecution proved beyond reasonable doubt, Rios' guilt for
the offenses charged. According to the OSG, Rios cannot exculpate herself merely on
the ground that she did not directly transact with the private complainants as the latter
positively identified her as one of the persons who enticed them to part with their
money based on the assurance that they would be deployed abroad.
Issue
Whether the guilt of Rios was proven beyond reasonable doubt.
The Court's Ruling
The CA Decision is affirmed with modification.
The Illegal Recruitment case
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66232
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