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deployment abroad, as she even issued receipts to them. At any rate,
absence of receipts cannot defeat a criminal prosecution for illegal
recruitment.[19] Private complainants positively identified appellant as the
person who asked money from them in consideration for their deployment
abroad. She impressed on complainants that she had the power or ability to
send them abroad for employment so much so that the latter got convinced
to part with their money in exchange therefor.[20] Illegal recruiters need not
even expressly represent themselves to the victims as persons who have the
ability to send workers abroad. It is enough that these recruiters give the
impression that they have the ability to enlist workers for job placement
abroad in order to induce the latter to tender payment of fees.[21]
Second, the March 1, 2004 Certification issued by the Philippine Overseas Employment
Administration unmistakably reveals that the accused-appellant neither had a license
nor authority to recruit workers for overseas employment.[22] Notably, instead of
assailing the certification, she admitted during the pre-trial that she did not have a
license or authority to lawfully engage in recruitment and placement of workers.[23]
Third, it was established that there were five complainants, i.e., Suratos, Guillarte,
Alayon, Bagay, Jr., and Duldulao.
The CA observed that:
x x x x complainants came forward and charged appellant with illegal
recruitment. Appellant's claim that she never met private complainants
before was belied by her own admission at pre-trial. xxx xxx xxx Private
complainants' individual testimonies were so replete with details on how
appellant convincingly, albeit deceptively, enticed them to pay all her
demands in case, how she provided for their fake documents, and how she
manipulated their thoughts and dreams for a better life, ending up in the
cruel realization that she was nothing but a fraud.[24]
Indeed, the existence of the offense of illegal recruitment in large scale was duly
proved by the prosecution.
Estafa under under Article 315(2)(a) of the RPC We likewise affirm accused-appellant's conviction for five counts of estafa under Article
315(2)(a) of the RPC. It is settled that a person, for the same acts, may be convicted
separately of illegal recruitment under RA 8042 or the Labor Code, and estafa under
Article 315 (2) (a) of the RPC.[25]
The elements of estafa are: (1) the accused defrauded another by abuse of confidence
or by means of deceit; and (2) the offended party or a third party suffered damage or
prejudice capable of pecuniary estimation.[26]
Here, the prosecution proved beyond reasonable doubt that accused-appellant deceived
private complainants into believing that she had the authority and capability to send
them abroad for employment, despite her not being licensed by the POEA to recruit
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