6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly court on the credibility of witnesses are entitled to great respect because the trial courts have the advantage of observing the demeanor of witnesses as they testify.[14] The CA likewise believed the complainants' testimonies and found them to be clear and categorical.[15] The determination by the trial court of the credibility of witnesses, when affirmed by the appellate court, as in this case, is accorded full weight and credit as well as great respect, if not conclusive effect.[16] We also agree with the CA that appellant is guilty of two counts of estafa under Article 315(2)(a) of the Revised Penal Code, as amended. It is settled that a person may be charged and convicted separately of illegal recruitment under RA 8042, in relation to the Labor Code, and estafa under Article 315(2)(a) of the Revised Penal Code.[17] Article 315(2)(a) of the Revised Penal Code, as amended, defines estafa as: ART. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow x x x: xxxx 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits. The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[18] These elements were proven in this case. By means of deceit, appellant made complainants believe that she had the proper authority to send them to work in Australia and Korea, for which reason they gave her substantial amounts of money. Appellant clearly misled the complainants who believed she had the power to send them to work in Australia and Korea. They were required to submit their bio-data and passports, and were asked to give substantial amounts of money for the processing of their visas and other documents necessary for deployment. Efforts to recover their money after they were not deployed for the promised work abroad failed resulting to monetary damages on their part. The penalty for estafa depends on the amount defrauded. Per Article 315 of the Revised Penal Code: ART. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61268 5/9