appellant. For appellant to say now that it was Elizabeth Bernal who actually recruited
Domingo Mariano and that it was Macon Dionisio who recruited Eva Peralta, Rizza
Oliva and Angelo Ballester is simply preposterous.
Moreover, there is no showing that any of the complainants had ill-motives against
accused other than to bring her to the bar of justice for the crime of large scale illegal
recruitment and their testimonies were straightforward, credible and convincing. [13]
It is also of no moment that, as pointed out by accused-appellant, the amounts
tendered by the complainants were insufficient to cover the costs of overseas
employment and that the complainants did not testify as to the specifics of their alleged
employment (exact amount of salary and place of work) inasmuch as these are
immaterial in the prosecution and conviction for the crime of large scale illegal
recruitment.
In fine, there is no doubt as to accused-appellants guilt for all the essential elements
of the crime of Illegal Recruitment in Large Scale have been established beyond
reasonable doubt. Accused-appellant recruited at least five persons, giving them the
impression that she had the capability of sending them to Taiwan to be employed as
factory workers. She collected various amounts allegedly for recruitment and placement
fees without license or authority to do so. Large scale illegal recruitment is punishable
by life imprisonment and a fine of P100,000.00 under Article 39(a) of the Labor
Code,[14] hence, the trial court imposed the proper penalty.
As regards the conviction of accused-appellant for estafa on five (5) counts in
Criminal Cases Nos. Q-94-58107, Q-94-58108, Q-94-58111, Q-94-58112 and Q-9458113, we have ruled in a number of cases[15] that a person convicted of illegal
recruitment under the Labor Code can be convicted of violation of the Revised Penal
Code provisions on estafa, provided the elements of the crime are present. In People
vs. Romero,[16] the Court said that the elements for estafa are: (a) that the accused
defrauded another by abuse of confidence or by means of deceit, and (b) that damage
or prejudice capable of pecuniary estimation is caused to the offended party or third
person. In relation thereto, Art. 315 of the Revised Penal Code provides for the penalty
thus
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 P12,000 but
does not exceed P22,000, 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 P10,000; but the total penalty which may
be imposed shall not exceed twenty years. In such a case, and in connection
with the accessory penalties which may be imposed and for the purpose of
the other provision of this Code, the penalty shall be termed prision
mayor or reclusion temporal, as the case may be.
In the case before us, we are convinced that accused-appellant defrauded
complainants through deceit. They were obviously misled into believing that she could