5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly 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. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66373 6/17

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