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As to Adoracion, accused-appellant testified that she thought Adoracion was able to
leave the country since she never heard from her again from the time her US visa was
approved. It was also her US employer and not accused-appellant who processed her
plane ticket.[35]
As regards Cherry and Jill, accused-appellant argued that each of them only paid
P45,000.00 and that it was JASIA which shouldered the balance; that both were not
deployed in Canada because they pulled out their applications, were unable to wait for
the arrival of the LMO, and wanted to apply in the US instead. However, both failed in
their interview at the US Embassy.[36]
Accused-appellant explained that the same thing happened to Mabelle, who became in
patient waiting for the arrival of the LMO. Thus, Mabelle withdrew her application for a
job in Canada and became interested in working in the US. She however failed to pass
the interview for her visa.[37]
Accused-appellant finally argued that she is not obliged to return the cash bonds the
applicants paid because all the monies she received were delivered to the foreign
employer. Moreover, the transactions happened in 2008 when she still had her license.
Thus, she cannot be held liable for Estafa. Further, she asserted that while a suspension
order was issued against JASIA, it was issued only in May 2009 after JASIA had
processed in full all of the private complainants' applications.[38]
Ruling of the RTC
On September 15, 2015, the RTC rendered its Joint Judgment[39] finding accusedappellant guilty beyond reasonable doubt of the offense of Illegal Recruitment in Large
Scale, defined and punished under RA 8042 in Criminal Case No. 143740; and the
crime of Estafa defined and punished under paragraph 2(a), Article 315 of the RPC in
Criminal Case Nos. 143742, 143743, 143744, 143755, and 143747. The dispositive
portion of the RTC Joint Judgment provides:
WHEREFORE, premises considered, judgment is rendered finding the
accused, Lucille M. David, guilty beyond reasonable doubt of the crimes of
Illegal Recruitment (Large Scale) and Estafa under Art. 315, par. 2(a) of the
Revised Penal Code.
Accordingly, in Criminal Case No. 143740 (Illegal Recruitment in Large
Scale), the accused is sentenced to suffer the penalty of life imprisonment
and a fine of P500,000.00 pursuant to Section 7(b) of Republic Act No.
8042.
In Criminal Cases Nos. 143742 and 143743 (Estafa in the amounts of
P66,550.00 and P65,500.00, respectively), the accused is sentenced to
suffer the indeterminate penalty of imprisonment ranging from 6 months
and 1 day of prision correccional, as minimum in penalty, to 10 years, 8
months and 21 days of prision mayor maximum, as maximum penalty,
together with its accessory penalty.
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