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airport transfer and courier services. Clearly, neither she nor her agents had a license
to recruit Palo to work abroad. It is the lack of the necessary license or authority that
renders the recruitment unlawful or criminal.[14]
Thus, as against the positive and categorical testimonies of Palo and Caraig, appellant's
denials cannot prevail.[15] Moreover, there is no reason to overturn the trial and
appellate courts' findings on the credibility of the prosecution witnesses as there is no
showing that any of them had ill motives against appellant or her co-accused and
especially since it appears they were motivated solely by the desire to bring appellant
and her co-accused to justice for the crimes they have committed.[16]
Neither can this Court sustain appellant's contention that her participation in the
recruitment is negated by the fact that her signature does not even appear on the
vouchers issued to Palo. Even if Palo did not present receipts signed by appellant, this
would not rule out the fact that appellant did receive the money. This Court has
consistently ruled that absence of receipts as to the amounts delivered to a recruiter
does not mean that the recruiter did not accept or receive such payments. Neither in
the Statute of Frauds nor in the rules of evidence is the presentation of receipts
required in order to prove the existence of a recruitment agreement and the
procurement of fees in illegal recruitment cases. Such proof may come from the
credible testimonies of witnesses[17] as in the case at bar.
We likewise uphold appellant's conviction for estafa. A person who is convicted of illegal
recruitment may also be convicted of estafa under Article 315(2) (a) of the Revised
Penal Code provided the elements of estafa are present. Estafa under Article 315,
paragraph 2(a) of the Revised Penal Code 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 and as a result thereof, the offended party suffered damage.[18]
Such is the case before us. Palo parted with her money upon
enticement of appellant and her co-accused on the false pretense
capacity to deploy her for employment in Australia. Unfortunately,
not able to work abroad nor get her Australian visa. Worse, she did
back.
the prodding and
that they had the
however, Palo was
not get her money
As to the penalties, Section 7 of Republic Act No. 8042[19] or the Migrant Workers' Act
of 1995 provides the penalties for illegal recruitment:
SEC. 7. Penalties.—
(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more
than twelve (12) years and a fine not less than Two hundred thousand pesos
(P200,000.00) nor more than Five hundred thousand pesos (P500,000.00).
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50218
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