With regard to the eight charges of estafa filed against appellants, the trial court
convicted them on the ground that all the elements of estafa were present under each of
the eight charges filed. The trial court held that appellants through false pretenses and
fraudulent acts represented to complainants that they had the power, authority and
capacity to deploy workers abroad for a fee of P40,000, of which P15,000 should be
paid as advance payment. The false pretenses and fraudulent acts were executed prior
to or simultaneous with appellants taking the sum of P15,000 as advance payment from
each of private complainants[55] which were received by Buli-e in Baguio City and turned
over by her to Josefina in Manila. Complainants relied on the pretenses and
misrepresentations of appellants and parted with substantial sums of money as
advance payments of their placement fees. As a result of the false pretenses and
misrepresentations, complainants were damaged and prejudiced to the extent of the
sums they had given as downpayment since appellants failed to send them abroad as
promised.
In her appeal before us, appellant Buli-e contends that the trial court erred:
I. IN FAILING TO APPRECIATE THE DEFENSE OF THE CO-ACCUSED
ALONA BULI-E THAT SHE MERELY REFERRED THE PRIVATE
OFFENDED PARTIES TO CO-ACCUSED SPOUSES JOSE AND
JOSEFINA ALOLINO, WHOM SHE HONESTLY BELIEVED TO BE
BONA FIDE OVERSEAS JOB RECRUITERS;
II. IN HOLDING THAT THERE WAS CONSPIRACY BETWEEN HEREIN
APPELLANT BULI-E AND SPOUSES ALOLINO IN THE
COMMISSION OF THE CRIMES OF LARGE SCALE ILLEGAL
RECRUITMENT AND ESTAFA; AND
III. HOLDING CO-ACCUSED ALONA BULI-E LIABLE FOR ESTAFA
WHEN THERE WAS NO SHOWING THAT SAID ACCUSED
BENEFITED FROM THE ALLEGED MISREPRESENTATION.
Appellant Josefina, on the other hand, presents the following assignments of error:
I. THE COURT A QUO ERRED IN FINDING JOSEFINA ALOLINO
GUILTY BEYOND REASONABLE DOUBT BY DIRECT
PARTICIPATION AND IN CONSPIRACY WITH CO-ACCUSED
ALONA BULI-E OF THE CRIME OF ILLEGAL RECRUITMENT IN
LARGE SCALE AS DEFINED AND PENALIZED UNDER ARTICLE
38[b] IN RELATION TO ARTICLE 39 OF P.D. 442 AS AMENDED
BY P.D. 2018 AND IN SENTENCING EACH OF THEM TO LIFE
IMPRISONMENT AND TO PAY A FINE OF P100,000.