Moreover, accused-appellant and her husbands acts of receiving almost all the
payments of the complainants and issuing receipts signed by Julie Micua contradict her
claim of being a mere applicant. There were even times that accused-appellant herself
signed the receipts for the placement fees.23[23] Taken as a whole, the evidence shows
that accused-appellant conspired and actively participated in the deceitful plan adopted
by her co-accused Julie Micua, Rico Cordova and her own husband, Renato Meris, to
hire without license or authority, gullible and nave applicants for non-existent overseas
jobs.
Likewise, we find that accused-appellant committed the crime of estafa under Article
315, paragraph 2 of the Revised Penal Code. This is committed by any person who
defrauds another by using a fictitious name, or falsely pretends to possess power,
influence, qualifications, property, credit, agency, business or imaginary transactions, or
by means of similar deceits executed prior to or simultaneously with the commission of
the fraud. The offended party must have relied on the false pretense, fraudulent act or
fraudulent means of the accused-appellant and as a result thereof, the offended party
suffered damages.24[24]
Complainants parted with their money upon accused-appellants prodding and
enticement, and on the false belief that she had the capacity to deploy them abroad. In
the end, complainants were neither able to leave nor get their money back.
A close scrutiny of the appealed decision warrants correction of the penalty imposed in
each of the estafa cases.
The pertinent provision of the Revised Penal Code is as follows:
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
maximum period, adding one year for each additional 10,000 pesos; but
the total penalty which maybe imposed shall not exceed twenty years. In
such case, and in connection with the accessory penalties which may be
imposed and for the purpose of the other provisions of this Code, the
penalty shall be termed prision mayor or reclusion temporal, a the case
may be;
23[23]
Exhibit "F," Records, p. 170.
24[24]
People vs. Juego, 298 SCRA 27, 33 (1998)