6/7/2020
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inherently a weak defense and it is not at all persuasive. Accused spouses
did not deny being in Cagayan de Oro City, albeit they asserted to have
arrived months earlier than the alleged date, and they likewise did not deny
having met private complainants on different occasions as some of the
private complainants were even relatives of accused Owen.
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Parenthetically, there is no question that accused spouses are likewise liable
for estafa under Article 315 (2) (a) of the Revised Penal Code. We are
convinced that the prosecution proved beyond reasonable doubt Accused
Spouses' guilt for three (3) counts of Estafa.
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There are three ways of committing estafa under Article 315 (a) of the
Revised Penal Code: (1) by using a fictitious name; (2) by falsely
pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions; and (3) by means
of other similar deceits. Under this class of estafa, the element of deceit is
indispensable. Likewise, it is essential that the false statement or fraudulent
representation constitutes the very cause or the only motive which induces
the complainant to part with the thing of value.
In the present case, private complainants were led to believe by accused
spouses that they possessed the power and qualifications to provide them
with work in Macau when in fact they were neither licensed nor authorized
to do so. Accused spouses made it appear to private complainants that
Beatriz was requested by her employer to hire workers for Macau, when in
fact she was not. They even recruited their own relatives in the guise of
helping them get better jobs with higher pays abroad for them to improve
their standard of living. Likewise, private complainants were deceived by
accused spouses by pretending that the latter could arrange their
employment in Macau, China. With these misrepresentations, false
assurances and deceit, they suffered damages and they were forced to part
with their hard-earned money, as one of them even testified to have
mortgaged her house and another, to have borrowed money from a lending
institution just to raise the alleged processing fees.[11]
The factual findings of the CA are accepted because the Court is not a trier of facts.
Such findings, which affirmed those of the RTC as the trial court, are now even binding
on us. This is because the RTC had the unique advantage to observe the witnesses'
demeanor while testifying, and the personal opportunity to test the accuracy and
reliability of their recollections of past events, both of which are very decisive in a
litigation like this criminal prosecution for the serious crime of illegal recruitment
committed in large scale where the parties have disagreed on the material facts.[12]
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