G.R. No. 175229
8 of 14
http://sc.judiciary.gov.ph/jurisprudence/2009/jan2009/175229.htm
In Criminal Cases Nos. 00-179745 and 00-180519, accused Grace Calimon is ordered
to pay to complainant Fe Magnaye the sum of P35,000.00, as reparations for the damages she
caused her.
In Criminal Cases Nos. 00-179745 and 00-180521, accused Grace Calimon is
ordered to pay jointly and severally with Aida Comila to complainant Daisy Devanadera
the sum of P17,500.00, as reparation for the damages she caused her.
In Criminal Cases Nos. 00-179745 and 00-180520, accused Grace Calimon and
accused Aida Comila are ordered, jointly and severally, to pay offended party Lucila C.
Agramon the sum of P10,000.00, as reparation for the damages they caused her.
SO ORDERED.
Hence, the present appeal based on the following lone assignment of error:
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT GRACE
CALIMON FOR ILLEGAL RECRUITMENT IN LARGE SCALE AND THREE (3)
COUNTS OF ESTAFA AND AIDA COMILA FOR SIMPLE ILLEGAL RECRUITMENT
AND ONE (1) COUNT OF ESTAFA DESPITE THE FAILURE OF THE PROSECUTION TO
PROVE THEIR GUILT BEYOND REASONABLE DOUBT.
[34]
In their brief
, accused-appellants contend that the prosecution witnesses established that
only Lo recruited private complainants and promised to deploy them abroad. They deny having
collected placement fees, but ironically admitted that the amount collected was for medical
examination, visa and passport fees. Further, they insist that they are not guilty of estafa
through false pretenses because they did not commit any act of deceit as it was only accused
Lo who promised to deploy private complainants to Italy for a fee.
The people, through the Office of the Solicitor General (OSG), maintains that accusedappellant Calimon committed the crime of illegal recruitment in large scale while accusedappellant Comila committed the crime of simple illegal recruitment. By her conduct, Calimon
successfully gave private complainants the impression that she had the ability to send workers
abroad although she did not in fact have the authority to do so. She was also able to induce
private complainants to tender payment for fees. Since there were three (3) workers involved in
the transaction, she committed the crime of illegal recruitment in large scale. As to Comila, the
OSG argues that there is clear and convincing evidence that she conspired with Calimon. The
OSG, however, points out that conspiracy was not alleged in the Information. Hence, Comila
can only be convicted for simple illegal recruitment, not for illegal recruitment in large scale in
conspiracy with Calimon.
[35]
1/25/2016 5:55 AM