People vs Reyes : 104739-44 : November 18, 1997 : J. Panganiban : Th...
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http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/104739_44.htm
amount of P64,000.00 by any of the Accused. Worse, the Accused had not returned the passports of the
Private Complainants after taking custody of them.
It is doctrinal that the trial courts evaluation of a testimony is accorded the highest respect,
for the trial court has an untrammeled opportunity to observe directly the demeanor of a witness
on the stand and, thus, to determine whether he or she is telling the truth. Such assessment is
generally binding on this Court, except when the same has been reached arbitrarily; or when the
trial court has overlooked, misunderstood or misapplied some facts or circumstances of weight
and substance which could have affected the result of the case.[22] In the instant case, we find no
reason to modify, let alone overturn, the factual finding of the trial court.
Appellant deprecates the factual basis of the trial court ruling that he had engaged in
recruitment, arguing that it consisted merely of the bare testimonies of the private
complainants.[23] We are not persuaded. The law prescribes only that degree of proof necessary
to produce conviction; no specific form, whether testimonial or documentary, is required for such
proof.[24] Thus, the fact that the trial court based its ruling on the testimonies of private
complainants does not detract from the evidentiary weight accorded thereto. As earlier
observed, appellant has not given us sufficient reason to disregard the trial courts evaluation of
the evidence.
Moreover, appellant was unable to prove any ill motive on the part of the prosecution
witnesses that could have affected their credibility. Absent evidence to show any reason or
motive why they would have testified falsely, we conclude that no such improper motive existed
and that their testimony is worthy of full faith and credit.[25]
In regard to appellants plea for mercy, further consideration of the matter is precluded by the
axiom that ignorance of the law excuses no one from compliance therewith.[26] In any case, his
allegation of lack of criminal intent is unavailing. Illegal recruitment in large scale which is
penalized by the Labor Code is malum prohibitum, not malum in se. The fact alone that a person
violated the law warrants his conviction.[27]
Five Counts of Estafa
Appellant contends that there was no intent or deceit on his part x x x to enlist workers for
employment, and that he did not induce private complainants into paying them the fees as, in
fact, it was not proved beyond reasonable doubt that accused-appellant charged or accepted
fees.[28]
The elements of estafa are as follows: (1) the accused defrauded another by abuse of
confidence or by means of deceit; and (2) the offended party or a third party suffered damage or
prejudice capable of pecuniary estimation.[29]
In the case before us, it was proven beyond reasonable doubt that the five private
complainants were deceived by appellant, his wife Zenaida Caures and his sister Rose Reyes
into believing that there were jobs waiting for them in a factory in Taiwan. Because of the
assurances of the three accused, each of the private complainants handed them P13,000 as
placement fee. Some of them even borrowed money at usurious interests in order to raise the
amount. It turned out, however, that the promise was just a ploy to extract money from private
complainants. All in all, we find that the five counts of estafa were adequately proven. On this
point, we cite the ruling of the trial court, with which we completely agree:
For the Accused to be liable, under the aforequoted provision of the Revised Penal Code, the confluence
of the following essential requisites must be established by the Prosecution:
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