G.R. No. 113547 February 9, 1995
People of the Philippines, plaintiff-appellee, vs. Anita Bautista y Latoja, accused-appellant.

FACTS

Four separate Informations were filed against accused Anita Bautista for Illegal Recruitment In Large Scale and three counts of Estafa. The accused pleaded not guilty, and the cases were tried jointly. The trial court found her guilty, imposing life imprisonment and a fine for illegal recruitment and prison terms for each estafa count. The Court of Appeals affirmed the conviction but modified the penalties for estafa. The facts, as found by the appellate court, establish that in August 1991, accused Anita Bautista approached Romeo Paguio at his restaurant and offered job openings abroad for his relatives, introducing Rosa Abrero as someone who could facilitate immediate employment in Taiwan. The complainants, Remigio Fortes, Dominador Costales, and Anastacio Amor, were promised jobs as factory workers with a monthly salary of $850 each, upon payment of a P40,000.00 placement fee per person. Paguio gave amounts totaling P100,000.00 to Abrero and Bautista. The promised departure dates of September 25, 1991, and later October 10, 1991, passed without the complainants leaving. Bautista signed an “Acknowledgment Receipt” on October 11, 1991, for the P100,000.00. A POEA certification confirmed that Bautista and Abrero were not licensed to recruit workers.

ISSUE

Whether or not reasonable doubt exists to warrant the acquittal of appellant Anita Bautista.

RULING

The Supreme Court found no reasonable doubt and affirmed the decision of the Court of Appeals. The essential elements of illegal recruitment in large scale were present: (1) the accused engaged in recruitment and placement of workers as defined under the Labor Code; (2) she did so without the required license or authority from the Secretary of Labor and Employment; and (3) the crime was committed against three or more persons. The Court rejected Bautista’s defense that she merely introduced Abrero and did not receive the money, finding her active participation in the recruitment process and her close association with Abrero, evidenced by the Acknowledgment Receipt, sufficient to establish guilt. Regarding estafa, the elements were also met: (1) the accused defrauded another by means of deceit, and (2) damage capable of pecuniary estimation was caused. The complainants were deceived into believing jobs awaited them in Taiwan, causing them to part with P40,000.00 each. The penalty for estafa was correctly imposed by the appellate court as an indeterminate sentence of four years and two months of prision correccional, as minimum, to nine years of prision mayor, as maximum, for each count. The decision of the Court of Appeals was affirmed in toto.