5/3/2021
E-Library - Information At Your Fingertips: Printer Friendly
Besides, if Atty. Layaoen indeed assisted the accused in filing the case
against Rebecca de Jesus, how come he does not even know what happened
to said case if there was really a case filed against said Rebecca de Jesus.
Witness Layaoen further stated that as far as he knows accused could not
have been involved in any case of estafa or illegal recruitment. However,
accused Arabia and Tomas admitted that they have already been convicted
by an RTC court in Quezon City, then presided by Judge Costales, for the
crimes of estafa and illegal recruitment filed by other complainants for which
they are presently confined at the Women's Correccional.
While it may be true that complainants herein were not able to present
receipts to prove that they in fact paid the placement fee of P16,000.00
each to accused Arabia with accused Tomas witnessing the payment, it has
been ruled that the absence of receipts in a criminal case for illegal
recruitment does not warrant acquittal of the accused and is not fatal to the
case of the prosecution. As long as the witnesses had positively shown
through their respective testimonies that the accused is the one involved in
the prohibited recruitment, he may be convicted of the offense despite
absence of receipts. (People vs. Goce 247 SCRA 780; People vs. Senden 228
SCRA 489; People vs. Naparan 225 SCRA 714; People vs. Pabala 262 SCRA
553)."[6]
The dispositive portion of the decision reads:
WHEREFORE, the Court finds accused Dioscora Arabia and
Francisca Tomas:
(1) CRIMINAL CASE NO. Q-93-48584
Guilty beyond reasonable doubt of estafa defined and penalized
under Article 315 (2) (a) of the Revised Penal Code and both
accused Dioscora Arabia and Francisca Tomas are hereby
sentenced to suffer an indeterminate imprisonment from Two (2)
years, Eleven (11) months and Eleven (11) days of prision
correccional as minimum, to six (6) years, Eight (8) months and
Twenty-one (21) days of prision correccional as maximum, and to
pay the costs.
Accused Dioscora Arabia and Francisca Tomas are solidarily liable
to pay complainant Roland Rustia the sum of P23,000.00.
(2) CRIMINAL CASE NO. Q-93-48585
Guilty beyond reasonable doubt of Illegal Recruitment (in large
scale) penalized under Article 39 of the Labor Code as amended
by Pres. Decree No. 2018, and both accused Dioscora Arabia and
Francisca Tomas are hereby sentenced to each suffer the penalty
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52758
6/12