417 Phil. 361
GONZAGA-REYES, J.:
"The undersigned accuses DIOSCORA M. ARABIA and FRANCISCA T. TOMAS of the crime of Illegal Recruitment in Large Scale (Art. 38 (a) in relation to Art. 39 (b) of the Labor Code of the Philippines, as amended by P.D. 2018), committed as follows:
That on or about the period comprised from October 1992 to January 16, 1993, in Quezon City, Philippines, the above-named accused, conspiring together, confederating with and mutually helping each other, by falsely representing themselves to have the capacity to contract, enlist and recruit workers for employment abroad, did, then and there willfully, unlawfully and feloniously for a fee, recruit and promise employment/job placement abroad to VIOLETA S. DE LA CRUZ, NOEL DE LA CRUZ, PELAGIA DE LA CRUZ, REMELYN JACINTO, TERESITA LORENZO and ROLANDO RUSTIA, without first securing the required license or authority from the Department of Labor and Employment, in violation of said law.
That the crime described above is committed in large scale as the same was perpetrated against three or more persons individually or as group as penalized under Article 38 and 39 of the Labor Code as amended by PD 2018.
Contrary to law."[2]
"The undersigned accuses DIOSCORA M. ARABIA and FRANCISCA L. TOMAS of the crime of Estafa, committed as follows:
That on or sometime in the month of October, 1992, in Quezon City, Philippines, the said accused, conspiring together, confederating with and mutually helping each other, did then and there willfully, unlawfully and feloniously defraud ROLANDO RUSTIA in the following manner, to wit: the said accused, by means of false manifestations and fraudulent representation which they made to said Rolando Rustia to the effect that they had the power and capacity to recruit and employ Rolando Rustia and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said Rolando Rustia to give and deliver, as in fact he gave and delivered to said accused the amount of P23,000.00 on the strength of said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain, as in fact they did obtain the amount of P23,000.00, which amount once in possession, with intent to defraud Rolando Rustia, willfully, unlawfully and feloniously misappropriated, misapplied and converted to their own personal use and benefit, to the damage and prejudice of said Rolando Rustia in the aforesaid amount of P23,000.00, Philippine Currency."[3]
"In October 1992, private complainants Violeta de la Cruz, Remelyn Jacinto, Teresita Lorenzo, Rolando Rustia and Noel de la Cruz were introduced by the latter's mother, private complainant Pelagia de la Cruz, to appellant Dioscora Arabia, a recruiter of job applicants for a factory in Taiwan.
They all saw appellants at the residence of Arabia at Block 22, Lot 25, Villanova Subdivision, Quezon City (TSN, July 13, 1994, pp. 4-6). Then and there, appellants convinced them and other applicants to apply for jobs in Taiwan that would give them a monthly pay of P22,000.00 with two (2) months advance salary to boot. Service fees for processing and placement, private complainants were told by appellants Arabia and Tomas, would be P16,000.00 for each of them (Ibid., pp. 6-8).
Three (3) days later, appellants themselves went to the Dela Cruz residence where they convinced private complainants to give the amount of P16,000.00 each so that they could leave for Taiwan by December 18, 1992. On November 6, 1992, each of the private complainants, except Roland Rustia who gave P23,000.00, gave P16,000.00 to Arabia at the latter's residence and in the presence of Tomas. Arabia, however, did not issue any receipt upon her assurance that she would not fool them (Ibid., pp. 8-10; August 31, 1994, p. 6).
Private complainants were told to prepare for their departure and that the P16,000.00 placement fee would be reimbursed by their employer in Taiwan. Various requirements, such as pictures, passports and bio-data, were submitted by private complainants (Ibid., July 13, 1994, pp. 10-11).
On December 18, 1992, however, private complainants were not able to leave for Taiwan because appellants told them that the person who was supposed to accompany them to Taiwan did not arrive. The departure date was thus reset to January 16, 1993, but private complainants were still unable to leave because of the same excuse that appellants gave (Ibid., pp. 11-12).
Private complainants asked for the return of their money as they were no longer interested in working abroad. They were informed by Arabia's sister, however, that appellants were arrested by the NBI and detained at the Quezon City Jail (Ibid., p. 12). Records also showed that appellants were neither licensed nor authorized to recruit workers for overseas employment (Ibid., March 14, 1994, p. 4; May 4, 1994, p. 5).
Upon a joint complaint filed with the Quezon City Prosecutor's Office, the corresponding Informations were filed with the Regional Trial Court (RTC, Decision, pp. 1-4)."[5]
"After an evaluation of the evidence adduced by the parties, the court finds the evidence sufficient to prove the quilt of the accused beyond reasonable doubt.Accused-appellants seasonably filed their appeal. In their Appellants' Brief,[7] they impute to the trial court the following errors:
As testified to by the complaining witnesses, accused Arabia convinced the complaining witnesses to apply for employment in Taiwan by making representations that they will be getting a salary of P20,000.00 a month, and upon arrival in Taiwan, they will be paid their two months salary in advance. Accused likewise told them that they will be leaving on December 18, 1992. It was also accused Arabia who demanded the payment of P16,000.00 placement fee from each complainant.
Undoubtedly, therefore, accused Arabia and Tomas were engaged in recruiting workers for employment abroad.
The evidence adduced by the prosecution likewise shows that accused Arabia was neither licensed or authorized by the POEA to recruit workers for overseas employment as shown by the certification issued by the Chief Licensing Division, POEA, Veneranda Guerrero (Exh. A).
Neither is accused Francisca Tomas licensed nor authorized to recruit workers for overseas employment (Exh. B).
It was likewise sufficiently shown that both accused recruited more than three persons - the five (5) complaining witnesses in this case.
The only defense of the accused Arabia and Tomas is denial. They claim that, like the complainants, they too, accused Arabia and Tomas, were job applicants and their recruiter was one Rebecca de Jesus; that they were likewise victimized by Rebecca de Jesus. As a matter of fact, according to the accused, like them, complainants also filed a case against said illegal recruiter, Rebecca de Jesus.
However, accused Arabia and Tomas failed to present proof that they indeed filed a case against Rebecca de Jesus for illegal recruitment. Neither did they present proof that complainants also filed a case against said Rebecca de Jesus. Accused Arabia presented supposed complainant-affidavits against Rebecca de Jesus, however, it was not shown that herein complainants are among those persons who executed an affidavit-complaint.
Accused Arabia admits that sometime during the last week of November, 1992, the complainants went to her house. However, she claimed they went there not because they wanted to see her but because one Rebecca de Jesus, the alleged illegal recruiter told the complainants to meet her (Rebecca) there because Rebecca happened to be a client of accused Arabia as "manghihilot". Accused Arabia later on stated that she first saw these complainants during the last week of December 1992.
Accused Arabia further stated the case they filed against Rebecca de Jesus is with the sala of then Judge Costales of Br. 93 of Quezon City. However, the evidence showed that the case then pending in the sala of Judge Costales was the case filed by other complainants against herein accused Arabia and Tomas (Exh. G-1).
The allegation of accused witness, one Atty. Layaoen, who allegedly assisted herein accused in filing their complaint against Rebecca de Jesus with the Prosecutor's Office in Quezon City was belied by the prosecution's rebuttal witness, Mr. Ronald Feliciano, an employee of the City Prosecutor's Office, Quezon City, assigned at the Records Division of said office, who testified that based on their records, there are nine (9) cases of estafa and illegal recruitment filed in their office against Rebecca de Jesus, but not one of them was filed by herein accused Arabia and Tomas, and/or by complainants in the present case (against Arabia and Tomas).
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 of Life Imprisonment and for each one to pay P100,000.00 fine.
(3) CRIMINAL CASE NO. Q-93-48586
Guilty beyond reasonable doubt of the crime of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, and both accused Dioscora Arabia and Francisca Tomas are hereby sentenced to each suffer an indeterminate imprisonment from one (1) year, eight (8) months and twenty-one (21) days of prision correccional as minimum to five (5) years, five (5) months and eleven (11) days of Prision Correccional as maximum and to pay the costs.
Accused Dioscora Arabia and Francisca Tomas are solidarily liable to pay complainant Noel de la Cruz the amount of Sixteen thousand (P16,000) pesos.
(4) CRIMINAL CASE NO. Q-93-48587
Guilty beyond reasonable doubt of the crime of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, and both accused Dioscora Arabia and Francisca Tomas are hereby sentenced to each suffer an indeterminate imprisonment from one (1) year, eight (8) months and twenty-one (21) days of prision correccional as minimum to five (5) years, five (5) months and eleven days of prision correccional as maximum, and to pay the costs.
Accused Dioscora Arabia and Francisca Tomas are solidarily liable to pay complainant Teresita Julva Lorenzo the sum of sixteen thousand (P16,000) pesos.
(5) CRIMINAL CASE Q-93-48588
Guilty beyond reasonable doubt of the crime of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, and both accused Dioscora Arabia and Francisca Tomas are hereby sentenced to each suffer an indeterminate imprisonment of one (1) year, eight (8) months and twenty one (21) days of prision correccional as minimum to five (5) years, five (5) months and eleven (11) days of prision correccional as maximum, and to pay the costs.
Accused Dioscora Arabia and Francisca Tomas are solidarily liable to pay complainant Violeta S. de la Cruz the sum of Sixteen thousand (P16,000) pesos.
(6) CRIMINAL CASE NO. Q-93-48589
Guilty beyond reasonable doubt of the crime of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, and both accused Dioscora Arabia and Francisca Tomas are hereby sentenced to each suffer an indeterminate imprisonment from one (1) year, eight (8) months and twenty one (21) days of prision correccional as minimum to five (5) years, five (5) months and eleven (11) days of prision correccional as maximum, and to pay the costs.
Accused Dioscora Arabia and Francisca Tomas are solidarily liable to pay complainant Remelyn Nona Jacinto the sum of Sixteen thousand (P16,000) pesos.
SO ORDERED.
Done in Quezon City, this 31st day of August, 1998."
I
THE TRIAL COURT ERRED IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONIES OF THE FOUR COMPLAINANTS WHO TESTIFIED IN THIS CASE AND IN DISREGARDING THE TESTIMONIES OF THE ACCUSED-APPELLANTS.
II
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANTS FOR ILLEGAL RECRUITMENT AND FIVE (5) COUNTS OF ESTAFA DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT.
(1) The accused undertook [a] recruitment activity defined under Article 13 (b) or any prohibited practice under Art. 34 of the Labor Code.
(2) He did not have the license or the authority to lawfully engage in the recruitment and placement of workers.
(3) He committed the same against three or more persons, individually or as a group.[8]
"xxx [A]ny act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers [which] includes referrals, contact services, promis[es] 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 engagement in recruitment and placement."
"1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over P12,000 but does not exceed P22,000, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional P10,000; but the total penalty which may be imposed shall not exceed twenty years. In such a case, and in connection with the accessory penalties which may be imposed and for the purpose of the other provision of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.We are convinced that accused-appellants defrauded complainants/witnesses Violeta de la Cruz (Criminal Case No. Q-93-48588); Remelyn Jacinto (Criminal Case No. Q-93-48589); and Teresita Lorenzo (Criminal Case No. Q-93-48587) through deceit. A scrutiny of their testimonies in court reveal that they were misled into believing that accused-appellants could provide them employment in Taiwan. As a result, the three complainants/witnesses each parted with P16, 000.00 in search of greener pastures to improve their lot.