G.R. No. 116382 January 29, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MA. LOURDES BAUTISTA DE GUIANG y VILLANUEVA, accused-appellant.

FACTS

Accused-appellant Lourdes Bautista de Guiang was charged before the Regional Trial Court of Manila in three separate Informations: one for Illegal Recruitment under the Labor Code (Criminal Case No. 92-104614) and two for Estafa under Article 315 of the Revised Penal Code (Criminal Cases Nos. 92-104615 and 92-104616). The illegal recruitment charge alleged that between October 1991 and February 9, 1992, in Manila, she willfully and unlawfully recruited and promised employment in Japan to Reynaldo R. Jugo, Jose R. Jugo, and Rosita R. Jugo for a fee without the required license from the Department of Labor. The estafa charges alleged that during specified periods in 1991 and 1992, in Manila, she defrauded Jose R. Jugo of P70,000.00 and Reynaldo R. Jugo of P20,500.00 by falsely representing she had the power to recruit and employ them as factory workers in Japan and could process the necessary papers for a fee, which amounts she misappropriated.
The cases were jointly heard after the accused pleaded not guilty. The prosecution evidence established that in October 1991, accused-appellant, introduced by Alberto Maclang, convinced Reynaldo Jugo she could secure him overseas employment in Japan as a factory worker within two months for an initial fee. Reynaldo gave her P2,500.00 in November 1991 and later P18,000.00 in January 1992 for plane fare, receiving a fake passport. Accused-appellant also transacted with Reynaldo’s siblings, Jose and Rosita Jugo. Jose paid her a total of P70,000.00 in installments between December 1991 and January 1992 for the same promise and received a fake passport with a tampered visa. Rosita paid P2,500.00. Verification with the POEA showed accused-appellant was not a licensed recruiter. The NBI investigated, and the cases were filed. During trial, accused-appellant escaped from custody but was later apprehended. She presented an alleged affidavit of desistance, which Reynaldo Jugo repudiated.

ISSUE

The primary issue is whether accused-appellant is guilty beyond reasonable doubt of the crimes of Illegal Recruitment in Large Scale and Estafa.

RULING

The Supreme Court AFFIRMED the decision of the trial court. The prosecution adequately established that accused-appellant engaged in recruitment and placement activities by offering overseas employment to Reynaldo, Jose, and Rosita Jugo for a fee without the required license, constituting Illegal Recruitment. Since the crime was committed against three persons, it is Illegal Recruitment in Large Scale under Article 38(b) in relation to Article 39 of the Labor Code, punishable by life imprisonment and a fine. Furthermore, through misrepresentations and deceit, she defrauded Jose Jugo of P70,000.00 and Reynaldo Jugo of P20,500.00, which acts independently constitute Estafa under Article 315 of the Revised Penal Code. The penalty for estafa is based on the amount defrauded. The Court agreed with the Solicitor General that the trial court committed no error in its findings and judgment.