4/13/2021
E-Library - Information At Your Fingertips: Printer Friendly
In its Decision dated September 7, 2012, the RTC held that the prosecution was able to
establish the elements of violation of Section 6(l) and (m) of RA 8042. Rios was
convicted as the principal in Large Scale Illegal Recruitment and sentenced to Life
Imprisonment and to pay a fine of Five Hundred Thousand Pesos (P500,000.00). Rios
was likewise held guilty for eight (8) counts of Estafa and for each count, she was
sentenced to suffer the indeterminate penalty of imprisonment of four (4) years and
two (2) months of prision correcional as minimum to eleven (11) years and one (1) day
of prision mayor as maximum. Rios was also ordered to reimburse the fees paid by the
private complainants.[25] In arriving at its Decision, the trial court reasoned:
x x x [T]he fact that Green Pastures was a holder of a valid license at the
time to deploy workers abroad did not serve to benefit herein accused, as
she was positively pointed to as one of the persons who enticed the
complainants to part with their money upon the fraudulent representation
that they would be able to secure for them employment abroad.
xxxx
In fine, this Court arrived at this conclusion after additionally considering the
following established acts of the accused: (1). her agency's acceptance of
the placement fee given by the complainants; (2). the fact that she
communicated to the complainants the date of their departure, and, (3).
Accused's execution of Confession of Judgment dated 8 February 2010. All
these acts indubitably show that indeed accused was engaged in illegal
recruitment together with the other two (2) accused. Thus, illegal
recruitment having been committed against eight (8) victims is illegal
recruitment in large scale x x x.
xxxx
The prosecution likewise established that the accused is guilty of the crime
of Estafa as defined under Article 315 par. 2 (a) of the Revised Penal Code x
x x.
xxxx
In the instant case, all these elements are present: the accused, together
with the other accused who are at large, deceived the complainants into
believing that the agency had the power and capability to send them abroad
for employment; that there were available jobs for them in Taiwan as factory
workers, that by reason or on the strength of such assurance, the
complainants parted with their money in payment of the placement fees;
that complainants were never deployed abroad, and that complainants
waited for at least a year only to realized (sic) that they were hoodwinked as
no jobs were waiting for them abroad. As all these representations of the
accused proved false, paragraph 2 (a), Article 315 of the Revised Penal Code
is thus applicable.[26]
The CA Decision
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66232
7/29