597 Phil. 110
LEONARDO-DE CASTRO, J.:
Criminal Case No. 00179745:Three separate Informations[10] for estafa arising from the same acts penalized under paragraph 2(a), Article 315 of the Revised Penal Code were also filed against the three, docketed as Criminal Case Nos. 00-180519, 00-180520, and 00-180521, thus:
That on or about September 1998, and thereafter in Manila, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously recruit the herein complainants, FE MAGNAYE, LUCILA AGRAMON and DAISY DEVANADERA to Italy as factory workers for the consideration thereof, they were required to pay placement fees, the complainants delivered and paid the total amount (P110,000.00) Philippine Currency for the consideration thereof, without accused having secured the necessary license and authority from the Department of Labor and Employment to recruit and deploy workers to Italy.
CONTRARY TO LAW.
Criminal Case No. 00-180519:Upon arraignment, herein accused-appellants pleaded "not guilty" to the crimes charged. Accused Lo, however, has not yet been apprehended and has remained at large. Trial on the merits ensued thereafter.
That on or about October 1998, and thereafter in Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with each other, did then and there willfully, unlawfully and feloniously recruit and promise employment to FE MAGNAYE in Italy as factory worker for a total consideration of fifty five thousand pesos (P55,000.00) as placement and processing fees, knowing that they have no capacity whatsoever and with no intention to fulfill their promise, but merely as a pretext, scheme or excuse to get or exact money from the said complainant as they in fact collected and received the amount of P55,000.00 from said FE MAGNAYE to her damage, loss and prejudice for the aforesaid amount.
CONTRARY TO LAW.
Criminal Case No. 00-180520:
That on or about September 1998, and thereafter in Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with each other, did then and there willfully, unlawfully and feloniously recruit and promise employment to LUCILA C. AGRAMON in Italy as factory worker for a total consideration of twenty seven thousand and five hundred pesos (P27,500.00) as placement and processing fees, knowing that they have no capacity whatsoever and with no intention to fulfill their promise, but merely as a pretext, scheme or excuse to get or exact money from the said complainant as they in fact collected and received the amount of P27,500.00 from said LUCILA C. AGRAMON to her damage, loss and prejudice for the aforesaid amount.
CONTRARY TO LAW.
Criminal Case No. 00-180521:
That on or about September 1998, and thereafter in Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with each other, did then and there willfully, unlawfully and feloniously recruit and promise employment to DAISY DEVANADERA alias `Renata P. Luciano' in Italy as factory worker for a total consideration of twenty seven thousand five hundred pesos (P27,500.00) as placement and processing fees, knowing that they have no capacity whatsoever and with no intention to fulfill their promise, but merely as a pretext, scheme or excuse to get or exact money from the said complainant as they in fact collected and received the amount of P27,500.00 from said DAISY DEVANADERA alias `Renata P Luciano' to her damage, loss and prejudice for the aforesaid amount.
CONTRARY TO LAW.
"WHEREFORE, judgment is rendered:On appeal, the CA affirmed the Decision of the RTC but with modifications. The CA's reasoning for the modification and the dispositive portion of the CA Decision follow:SO ORDERED."
- In Criminal Case No. 00-179745, (1) pronouncing accused GRACE CALIMON guilty beyond reasonable doubt of illegal recruitment in large scale and sentencing said accused to life imprisonment and to pay a fine of P800,000.00; and (2) pronouncing accused AIDA COMILA guilty beyond reasonable doubt of simple illegal recruitment and sentencing said accused to imprisonment from eight (8) to ten (10) years, and to pay a fine of P300,000.00. With costs against the two accused in proportionate shares;
- In Criminal Cases Nos. 00-180519 and 00-180521, pronouncing accused GRACE CALIMON guilty beyond reasonable doubt of two counts of estafa defined under paragraph 2 (a) of Article 315 of the Revised Penal Code, and (1) sentencing said accused in Criminal Case No. 00-180519 to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to nine (9) years of prision mayor as maximum; and (2) sentencing said accused in Criminal Case No. 00-180521, to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and twenty (20) days of prision mayor, as maximum; and to pay the costs for each case.
- In Criminal Case No. 00-180520, pronouncing accused GRACE CALIMON and AIDA COMILA guilty beyond reasonable doubt of estafa defined under paragraph 2 (a) Article 315 of the Revised Penal Code, and sentencing each of the said accused to the indeterminate penalty of six (6) months of arresto mayor, as minimum, to two (2) years, eleven (11) months and ten (10) days of prision correccional, as maximum, and to pay the costs in equal shares.
In the service of her (accused Aida Comila) sentence in Criminal Case No. 00-179745, and the respective sentences of both accused in Criminal Cases Nos. 00-180519, 00-180520 and 00-180521, inclusive, the period during which they have been under preventive imprisonment should be credited in their favor provided that they agreed voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, they should be credited with four-fifths only of the time they have been under preventive imprisonment.
In Criminal Cases Nos. 00-179745, 00-180519 and 00-180521, accused Grace Calimon is ordered to pay to complainants Fe Magnaye and Daisy Devanadera the sums of P35,000.00 and P17,500.00, respectively, as reparations for the damages she caused them.
In Criminal Cases Nos. 00-179745 and 00-180520, accused Grace Calimon and accused Aida Comila are ordered, jointly and severally, to pay offended party Lucila C. Agramon the sum of P10,000.00, as reparation for the damages she caused her.
Summing up, in Criminal Case No. 00-179745, the RTC correctly convicted Calimon of Illegal Recruitment in Large Scale, which is punishable by the maximum penalty of life imprisonment and a fine of One Million Pesos (P1,000,000.00) when the offender is a non-licensee or non-holder of authority to recruit and deploy workers abroad, as in the instant case (Sec. 7, Republic Act No. 8042). Hence, the penalty imposed by the RTC must be modified to life imprisonment and a fine of One Million Pesos (P1,000,000.00).Hence, the present appeal based on the following lone assignment of error:
Comila was likewise correctly convicted by the RTC of the crime of simple Illegal Recruitment. The sentence pronounced by the RTC, was proper.
In Criminal Case No. 00-180519, Grace Calimon was properly found guilty of Estafa through false pretenses. Since the amount defrauded from Fe Magnaye was P35,000.00, the penalty imposed by the RTC was proper.
In Criminal Case No. 00-180520, since the amount defrauded from Lucila Agramon is P17,500.00, the correct penalty that should be imposed upon Calimon and Comila, in the absence of any modifying circumstances, should be the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and twenty (20) days of prision mayor, as maximum.
In Criminal Case No. 00-180521, the amount involved is P17,500.00. There being no modifying circumstances, the penalty imposed by the trial court on Calimon is correct. However, it has been duly proven that Comila was a conspirator to the crime subject of this case. In view of her acquittal by the RTC, this matter can no longer be questioned in this appeal on the ground of double jeopardy. However, Comila should be made solidarily liable with Calimon to indemnify P17,500.00 to Daisy Devanadera, since Comila's acquittal on the ground of reasonable doubt did not declare whether the facts from which the civil liability might arise did not exist (Last paragraph, Section 2, Rule 120, Rules of Court).
WHEREFORE, premises considered, the May 21, 2001 Decision of the Regional Trial Court (RTC) of Manila, Branch 35, in Criminal Cases Nos. 00-179745; 00-180519; 00-180520; and 00-180521, is hereby AMENDED to read as follows:
WHEREFORE, judgment is rendered:
A. In Criminal Case No. 00-179745, (1) pronouncing accused GRACE CALIMON guilty beyond reasonable doubt of illegal recruitment in large scale and sentencing said accused to life imprisonment and to pay a fine of P1,000,000.00; and (2) pronouncing accused AIDA COMILA guilty beyond reasonable doubt of simple illegal recruitment and sentencing said accused to imprisonment from eight (8) to ten (10) years, and to pay a fine of P300,000.00. With costs against the two accused in proportionate shares;
B. In Criminal Cases Nos. 00-180519 and 00-180521, pronouncing accused GRACE CALIMON guilty beyond reasonable doubt of two counts of estafa defined under paragraph 2 (a) of Article 315 of the Revised Penal Code, and (1) sentencing said accused in Criminal Case No. 00-180519 to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to nine (9) years of prision mayor as maximum; and (2) sentencing said accused in Criminal Case No. 00-180521, to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and twenty (20) days of prision mayor, as maximum; and to pay the costs for each case.
C. In Criminal Case No. 00-180520, pronouncing accused GRACE CALIMON and AIDA COMILA guilty beyond reasonable doubt of estafa defined under paragraph 2 (a) Article 315 of the Revised Penal Code, and sentencing each of the said accused to the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to six (6) years, eight (8) months and Twenty (20) days of prision mayor, as maximum, and to pay the costs in equal shares.
In the service of her (accused Aida Comila) sentence in Criminal Case No. 00-179745, and the respective sentences of both accused in Criminal Cases Nos. 00-180519, 00-180520 and 00-180521, inclusive, the period during which they have been under preventive imprisonment should be credited in their favor provided that they agreed voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, they should be credited with four-fifths only of the time they have been under preventive imprisonment.
In Criminal Cases Nos. 00-179745 and 00-180519, accused Grace Calimon is ordered to pay to complainant Fe Magnaye the sum of P35,000.00, as reparations for the damages she caused her.
In Criminal Cases Nos. 00-179745 and 00-180521, accused Grace Calimon is ordered to pay jointly and severally with Aida Comila to complainant Daisy Devanadera the sum of P17,500.00, as reparation for the damages she caused her.
In Criminal Cases Nos. 00-179745 and 00-180520, accused Grace Calimon and accused Aida Comila are ordered, jointly and severally, to pay offended party Lucila C. Agramon the sum of P10,000.00, as reparation for the damages they caused her.
SO ORDERED."
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT GRACE CALIMON FOR ILLEGAL RECRUITMENT IN LARGE SCALE AND THREE (3) COUNTS OF ESTAFA AND AIDA COMILA FOR SIMPLE ILLEGAL RECRUITMENT AND ONE (1) COUNT OF ESTAFA DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT.In their brief[34], accused-appellants contend that the prosecution witnesses established that only Lo recruited private complainants and promised to deploy them abroad. They deny having collected placement fees, but ironically admitted that the amount collected was for medical examination, visa and passport fees. Further, they insist that they are not guilty of estafa through false pretenses because they did not commit any act of deceit as it was only accused Lo who promised to deploy private complainants to Italy for a fee.
SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. x x xIn a litany of cases,[36] we held that to constitute illegal recruitment in large scale three (3) elements must concur: (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Art. 13, par. (b), of the Labor Code, or any of the prohibited practices enumerated under Art. 34 of the same Code (now Sec. 6, RA 8042); and, (c) the offender committed the same against three (3) or more persons, individually or as a group.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. x x x
Sec. 7. Penalties. -
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.
Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
(b) `Recruitment and placement' refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement.Here, we are convinced that the three elements were sufficiently proved beyond reasonable doubt.
ART. 315. Swindling (estafa). ....There are three ways of committing estafa under the above-quoted provision: (1) by using a fictitious name; (2) by falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; and (3) by means of other similar deceits. Under this class of estafa, the element of deceit is indispensable.[43] In the present case, the deceit consists of accused-appellants' false statement or fraudulent representation which was made prior to, or at least simultaneously with, the delivery of the money by the complainants. To convict for this type of crime, it is essential that the false statement or fraudulent representation constitutes the very cause or the only motive which induces the complainant to part with the thing of value.[44]
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits.
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