The elements of this kind of estafa are: (a) that there must be a false pretense, fraudulent act or
fraudulent means; (b) that such false pretense, fraudulent act or fraudulent means must be made
or executed prior to or simultaneously with the commission of the fraud; (c) that the offended
party must have relied on the false pretense, fraudulent act or fraudulent means, i.e., he was
induced to part with his money or property because of the false pretense, fraudulent act or
fraudulent means; and, (d) that as a result thereof, the offended party suffered damage.xx[20] All
these elements are present in the instant case: accused-appellant Nenita T. Juego deceived the
complaining witnesses into believing that she had the authority and capability to send them
abroad for employment; that there were available jobs for them in Taiwan for which they would
be hired although there were none; and, that by reason or on the strength of such assurance, the
complainants parted with their money in payment of the placement fee. All these representations
of appellant were actually false and fraudulent; consequently she should be made liable under
par. 2 (a), Art. 315 of The Revised Penal Code.xxi[21]
The penalty for estafa depends on the amount defrauded. The first paragraph of Art. 315
prescribes 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 under the provisions of this Code, the
penalty shall be termed prision mayor or reclusion temporal, as the case may be."
In Crim. Case No. 128141, Anastacio Magleo was swindled by accused-appellant Nenita T.
Juego in the amount of P21,315.00. The penalty prescribed by law is prision correccional in its
maximum period to prision mayor in its minimum period. Applying the Indeterminate Sentence
Law, there being neither mitigating or aggravating circumstances, the proper penalty to be
imposed on accused-appellant is a prison term of four (4) years and two (2) months of prision
correccional medium as minimum, to six (6) years and four (4) months of prision mayor
minimum as maximum.
In Crim. Case No. 93-128143, accused-appellant also victimized Raul Romero in the amount of
P30,115.00. Applying the Indeterminate Sentence Law and there being no modifying
circumstances, the proper penalty to be imposed on accused-appellant is imprisonment of four
(4) years and two (2) months and one (1) day of prision correccional maximum as minimum, to
six (6) years eight (8) months and one (1) day of prision mayor minimum as maximum.
WHEREFORE, the judgment appealed from finding accused-appellant NENITA T. JUEGO
guilty of Illegal Recruitment in Large Scale and two (2) counts of Estafa is AFFIRMED with
the following MODIFICATIONS 1. In Crim. Case No. 93-128240 (Illegal Recruitment in Large Scale), accused-appellant Nenita
T. Juego is sentenced to suffer the penalty of life imprisonment, to pay a fine of P100,000.00 and
to indemnify the complaining witnesses in the following amounts: (a) Anastacio Magleo,
21,315.00 (Exhs. "A," "B" and "C"); (b) Fernando Magalong, P11,065.00 (Exh. "D"); (c) Manuel