LOPEZ, M., J.:
Only Regina was brought to the jurisdiction of the RTC while Darwin remained at large. During arraignment, Regina pleaded "not guilty" to the crimes charged. Thereafter, joint trial of the cases ensued. The prosecution presented the testimonies of Milagros, Maelene, Geraldine, and Gloria. Also, the prosecution offered in evidence a certification from the Philippines Overseas Employment Administration (POEA) stating that Regina and Darwin had no license to recruit workers abroad.[8] On the other hand, Regina denied the accusations and claimed that she did not promise overseas employment nor receive money from Milagros, Maelene, Geraldine, and Gloria. Regina insisted that she was also a victim of Darwin who offered her work as caregiver in British Columbia, Canada.[9]Criminal Case No. 12160
for: Large Scale Illegal Recruitment
That sometime in September, 2011 to January 2012 in the City of Legazpi, Philippines, and within the jurisdiction of this Honorable Court the above named accused conspiring, confederating, and helping each other for a common purpose, representing to have the capacity, authority or license to contract, enlist and deploy or transport workers for overseas employment, did then and there willfully, unlawfully, and criminally recruit, contract, and promise to deploy for a fee [sic] Maelene Canaveral y Hesita, Geraldine Ojano, Gloria B. Mape and Milagros Osila for work overseas, [sic] specially Canada without first obtaining the required license and/or authority from the POEA, accused are neither licensed nor authorized from the POEA to recruit workers for overseas employment, to the damage and prejudice of the above-mentioned persons.
CONTRARY TO LAW.[4]Criminal Case No. 12161
for: Estafa
That sometime in January 2012, in the City of Legazpi, Philippines, and within the jurisdiction of this Honorable Court the above named accused conspiring, confederating, and helping each other for a common purpose, representing to have the capacity, authority or license to contract, enlist and deploy or transport workers for overseas employment, with intent to defraud and by means of false pretenses and fraudulent representation, did then and there, willfully, unlawfully and feloniously entice Geraldine Ojano to work abroad and then collected the sum of money allegedly for processing fees to which said Geraldine Ojano had given the total amount of thirty-five thousand (P35,000.00) pesos, when in truth and in fact accused have no authority to recruit and after obtaining the said amount accused failed to comply with their obligation nor return the said amount despite repeated demands, to her damage and prejudice.
ACTS CONTRARY TO LAW.[5]Criminal Case No. 12162
for: Estafa
That on or about the 10th day of September 2011, in the City of Legazpi, Philippines, and within the jurisdiction of this Honorable Court the above named accused conspiring, confederating, and helping each other for a common purpose, representing to have the capacity, authority or license to contract, enlist and deploy or transport workers for overseas employment, with intent to defraud and by means of false pretenses and fraudulent representation, did then and there, willfully, unlawfully and feloniously entice Milagros Osila to work abroad and then collected the sum of money allegedly for processing fees to which said Milagros Osila had given the total amount of ten thousand eight hundred (P10,800.00) pesos, when in truth and in fact accused have no authority to recruit and after obtaining the said amount accused failed to comply with their obligation nor return the said amount despite repeated demands, to her damage and prejudice.
ACTS CONTRARY TO LAW.[6]Criminal Case No. 12163
for: Estafa
That sometime on October, 2011, in the City of Legazpi, Philippines, and within the jurisdiction of this Honorable Court the above named accused conspiring, confederating, and helping each other for a common purpose, representing to have the capacity, authority or license to contract, enlist and deploy or transport workers for overseas employment, with intent to defraud and by means of false pretenses and fraudulent representation, did then and there, willfully, unlawfully and feloniously entice Gloria B. Mape to work abroad and then collected the sum of money allegedly for processing fees to which said Gloria B. Mape had given the total amount of fifty-thousand (P55,000.00) pesos, when in truth and in fact accused have no authority to recruit and after obtaining the said amount accused failed to comply with their obligation nor return the said amount despite repeated demands, to her damage and prejudice.
ACTS CONTRARY TO LAW.[7]
WHEREFORE, in Criminal Case No. 12160 this court finds REGINA WENDELINA BEGINO GUILTY beyond reasonable doubt of Illegal Recruitment in Large Scale and thereby sentences her to life imprisonment and to pay a fine of P500,000.00.Aggrieved, Regina elevated the case to the Court of Appeals (CA), questioning only her conviction for large scale illegal recruitment. Meantime, Regina filed an omnibus motion before the RTC to avail the benefits of Republic Act (R.A.) No. 10951[13] and to modify the penalty in the three (3) estafa cases. On December 14, 2017, the RTC granted the motion and reduced the penalty in Criminal Case Nos. 12161 and 12162 to imprisonment of six (6) months because the amount of fraud in each case did not exceed P40,000.00. In Criminal Case No. 12163, the RTC modified the indeterminate penalty to 6 months of arresto mayor, as minimum, to two (2) years of prision correccional, as maximum,[14] to wit:
In Criminal Case No. 12161, this court finds her guilty beyond reasonable doubt of the crime of Estafa and sentences her to imprisonment of two (2) years of Prision Correccional as minimum to eight (8) years of Prision Mayor as maximum. She is likewise directed to pay Geraldine Ojano the amount of P35,000.00 from the finality of this decision with legal interest until fully paid.
In Criminal Case No. 12162, this court finds her guilty beyond reasonable doubt of the crime of Estafa and sentences her to imprisonment of two (2) years of Prision Correccional as minimum to eight (8) years of Prision Mayor as maximum. She is likewise directed to pay Milagros Osila the amount of P10,800.00 from the finality of this decision with legal interest until fully paid.
In Criminal Case No. 12163, this court finds her guilty beyond reasonable doubt of the crime of Estafa and sentences her to imprisonment of four (4) years of Prision Correccional as minimum to nine (9) years of Prision Mayor as maximum. She is likewise directed to pay Gloria Mape the amount of P55,000.00 from the finality of this decision with legal interest until fully paid.
SO ORDERED.[12]
The Omnibus Motion filed by the accused thru counsel is well taken. Hence, the dispositive portion of the decision is corrected as follows:On March 27, 2019, the CA affirmed Regina's guilt in Criminal Case No. 12160 for large scale illegal recruitment, viz.:
In Criminal Case No. 12161, this court finds her guilty beyond reasonable doubt of the crime of Estafa and sentences her to imprisonment of six (6) months. She is likewise directed to pay Geraldine Ojano the amount of P35,000.00 from the finality of the decision with legal interest until fully paid;
In Criminal Case No. 12162, this court finds her guilty beyond reasonable doubt of the crime of Estafa and sentences her to imprisonment of six (6) months. She is likewise directed to pay Milagros Osila the amount of P10,800.00 from the finality of decision with legal interest until fully paid.
In Criminal Case No. 12163, this court finds her guilty beyond reasonable doubt of the crime of Estafa and sentences her to imprisonment of six (6) months of arresto mayor as minimum to two (2) years of prision correccional as maximum. She is likewise directed to pay Gloria Mape the amount of P55,000.00 from finality of decision with legal interest until fully paid.
The accused had already served the penalty imposed in the three (3) cases because of her detention, the Warden of Albay Provincial Jail, Legazpi City is directed to RELEASE her from custody UNLESS SHE IS BEING DETAINED FOR OTHER LEGAL CAUSES.[15]
WHEREFORE, the instant appeal is hereby DENIED.Hence, this appeal. The parties opted not to file supplemental briefs considering that all issues have already been exhaustively discussed in their pleadings before the CA.[17] Thus, Regina reiterates her argument that the prosecution failed to prove the elements of large scale illegal recruitment.
The Decision dated December 4, 2017 of the Regional Trial Court of Legazpi City, Branch 2 in Criminal Case No. 12160, is hereby AFFIRMED.
SO ORDERED.[16]
(1) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers;The prosecution established that Regina engaged in recruitment activities and gave complainants the distinct impression that she had the power or ability to send them abroad for work. Regina directly transacted with the complainants regarding the job prospect in Canada and personally assisted them in completing the requirements for deployment. Regina received money from the complainants as placement fees and gave assurances that they will earn high compensation for their purported jobs abroad. Given these circumstances, complainants genuinely believed that Regina could make their dream of overseas employment come true and handed their hard-earned money to her. However, the expected employment did not take place. The supposed deployment of the complainants was met with frustrations and disappointments after they learned the arrest of Regina for illegal recruitment activities. Worse, the complainants have not been reimbursed the full amount of their placement fees. Furthermore, Regina had no authority to engage in recruitment activities. Regina did not contest the POEA certification that she was not licensed to deploy workers for overseas employment. Finally, there are four (4) complainants who testified against Regina which qualified the offense to economic sabotage. All the complainants suffered miserable fate in their desire to work abroad.
(2) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13 (b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the Labor Code (now Section 6 of RA 8042);
(3) the offender commits any of the acts of recruitment and placement against three (3) or more persons, individually or as a group.[19]