6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly under Article 315(2)(a) of the Revised Penal Code in Criminal Case No. 10276566 and ordering accused-appellant to indemnify private complainant Mary Anne Dela Cruz Tucay the amount of forty-three thousand five hundred pesos (Php43,500.00); (4) finding accused-appellant GUILTY beyond reasonable doubt of the crime of estafa as defined and punished under Article 315(2)(a) of the Revised Penal Code in Criminal Case No. 10-276568 and ordering accused-appellant to indemnify private complainant Edgardo M. Ramirez, Jr. the amount of thirty-four thousand pesos (Php34,00.00); and (5) imposing interest at the rate of 6% per annum on the civil liabilities awarded, to be computed from the finality of the Decision until such amounts are fully paid, is AFFIRMED with the following MODIFICATIONS: 1. In Criminal Case No. 10-276565, accused-appellant is hereby sentenced to suffer the straight penalty of imprisonment of four (4) months and one (1) day of arresto mayor. 2. In Criminal Case No. 10-276566, accused-appellant is hereby sentenced to suffer an indeterminate penalty of three (3) months of arresto mayor, as minimum, to one (1) year and eight (8) months of prision correccional as maximum. 3. In Criminal Case No. 10-276568, accused-appellant is hereby sentenced to suffer the straight penalty of imprisonment of four (4) months and one (1) day of arresto mayor. SO ORDERED.[27] The Issue Whether the guilt of appellant for the crimes of Illegal Recruitment in Large Scale and Estafa were proven beyond reasonable doubt. The Court's Ruling After a judicious study of the case, the Court resolves to dismiss the appeal for failure of appellant to sufficiently show that the CA committed any reversible error in rendering the Amended Decision as to warrant the exercise of the Court's appellate jurisdiction. Thus, the Court sustains appellant's conviction for Illegal Recruitment in Large Scale and three (3) counts of Estafa. However, the Court deems it proper to further modify the penalties for Estafa in view of the Indeterminate Sentence Law. The offense of Illegal Recruitment in Large Scale has the following elements: (1) the person charged undertook any recruitment activity as defined under Section 6 of RA 8042; (2) accused did not have the license or the authority to lawfully engage in the recruitment of workers; and (3) accused committed the same against three or more persons individually or as a group.[28] These elements are obtaining in this case. First, the RTC found appellant to have undertaken a recruitment activity without having the requisite license and/or authority when she promised the complainants employment https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66642 6/13