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workers for overseas employment. Because of the assurances given by accusedappellant, the private complainants parted with their hard-earned money for the
payment of the agreed placement fee, for which accused-appellant issued petty cash
vouchers and used fictitious names evidencing her receipt of the payments. As aptly
pointed out by the CA:
In this case, appellant committed estafa by using fictitious names, i.e.,
'Manzie Delos Reyes', 'Manzie Matheus' in her transactions with private
complainants, falsely pretending that she possessed power, influence,
capacity to employ abroad or procure visas for them, making it appear that
she had made transactions to acquire their entry permits and visas, thus,
successfully inducing them to part with their money, albeit, knowing full [sic]
well she had no authority or license to do so.[27]
Clearly, these acts of accused-appellant constitute estafa punishable under Article 315
(2)(a) of the RPC.
It must be noted, however, that both the RTC and the CA failed to award interest on the
money judgment on the charge of five counts of estafa and one count of Illegal
Recruitment in Large Scale. Following prevailing jurisprudence,[28] the Court, therefore,
imposes a legal interest at the rate of 6% per annum, from the time of demand, which
shall be deemed as the same day the Informations were filed against appellant, until
the amounts are fully paid.
WHEREFORE, premises considered, the March 7, 2011 Decision of the Court of
Appeals in CA-G.R. CR. H.C. No. 03737, which affirmed the November 26, 2008 Joint
Decision of the Regional Trial Court, Branch 218 of Quezon City, in Criminal Case Nos.
Q-03-119663-69, finding appellant Merceditas Matheus y Delos Reyes GUILTY beyond
reasonable doubt of five counts of Estafa and one count of Large Scale Illegal
Recruitment under R.A. No. 8042, otherwise known as Migrant Workers and Overseas
Filipino Act of 1995 is hereby AFFIRMED with MODIFICATION, to read as follows:
1. In Criminal Case No. Q-03-119662, appellant Merceditas Matheus y Delos
Reyes is found GUILTY beyond reasonable doubt of Large Scale Illegal
Recruitment punishable under Sec. 7 (b) of RA 8042. She is sentenced to
suffer the penalty of life imprisonment and is ordered to pay a fine of One
Million Pesos (PhP1,000,000).
2. In Criminal Case No. Q-03-119663, appellant Merceditas Matheus y Delos
Reyes is found GUILTY beyond reasonable doubt of estafa, as defined and
penalized in Article 315 (2) (a) of the Revised Penal Code. She is sentenced
to suffer the indeterminate penalty of one year, eight months and twentyone days of prision correccional as minimum to eleven years of prision
mayor as maximum. She is ordered to indemnify private complainant
Thelma N. Suratos the amount of PhP55,000 as actual damages, with legal
interest of 6% per annum from August 4, 2003, until the said amount is
fully paid.
3. In Criminal Case No. Q-03-119664, appellant Merceditas Matheus y Delos
Reyes is found GUILTY beyond reasonable doubt of estafa, as defined and
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