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

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