FIRST DIVISION
[G.R. No. 122508. June 26, 1998]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. Elvis Sanchez, accusedappellant.
DECISION
VITUG, J.:
This appeal assails the 24th July 1995 decisioni[1] of the Regional Trial Court of Baguio
City, Branch 6, finding appellant Elvis Sanchez guilty beyond reasonable doubt of the
crimes of illegal recruitment in large scale (Criminal Case No. 12357-R) and three (3)
counts of estafa (Criminal Cases No. 12359-R, No. 12360-R and No. 12362-R) and
sentencing him accordingly.
Appellant was charged, on 25 November 1993, with violation of Article 38(b) of
Presidential Decree No. 442 (Labor Code), as amended, for illegal recruitment in large
scale. The information averred That during the period from the month of November, 1992, to March 8, 1993, in the City
of Baguio, Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, representing himself to have the capacity to contract, enlist and hire
and transport Filipino workers for employment abroad, did then and there willfully,
unlawfully and feloniously for a fee, recruit and promise employment/job placement to
the following persons:
"1.
Alice G. Kimay
"2. Veronica Filog
"3. Aaron John Acena
"4. Nancy Fesset
"5. Jerry Akia
"without first securing or obtaining license or authority from the proper government
agency.ii[2]
Likewise filed against appellant on the same day (25 November 1993) were the
corresponding five cases of estafa. Except for the names of the complainants and the
amounts involved, the informations substantially contained like allegations to the effect That on or about the 8th day of March, 1993, in the City of Baguio, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, did then and
there willfully, unlawfully and feloniously defraud one JERRY AKIA by way of false
pretenses, which are executed prior to or simultaneously with the commission of the
fraud, as follows, to wit: the accused knowing fully well that he/she/they is/are not