GR 117154; (March, 1999) (Digest)
G.R. No. 117154, March 25, 1999
The People of the Philippines vs. Ernesto A. Borromeo
FACTS
Accused-appellant Ernesto Borromeo was charged with one count of Illegal Recruitment in Large Scale and multiple counts of Estafa. The prosecution established that between February and July 1993, Borromeo, without the requisite license from the Department of Labor and Employment, recruited and promised overseas employment in Taiwan to ten individuals, including Jocelyne Deveza, Donna Patricia Antonio, and Edwin Ortiz. He collected various fees from them for processing and placement.
In addition to the illegal recruitment charge, separate Informations for Estafa were filed, detailing how Borromeo, through false representations about his capacity to secure employment abroad, induced the complainants to deliver specific sums of money. For instance, he obtained P22,600 from Edwin Ortiz and P15,000 each from several other complainants. The amounts were misappropriated, and no employment was secured.
ISSUE
The primary issue is whether the prosecution proved beyond reasonable doubt the guilt of the accused for Illegal Recruitment in Large Scale and for the separate crimes of Estafa.
RULING
The Supreme Court affirmed the conviction. For Illegal Recruitment in Large Scale, the elements are: (1) the accused undertook recruitment activities, (2) he had no license or authority from the DOLE, and (3) he committed the same against three or more persons. The testimonies of the ten complainants, corroborated by a certification from the Philippine Overseas Employment Administration confirming Borromeo’s lack of authority, conclusively established all elements. The offense, being large-scale, carries a mandatory penalty of life imprisonment and a fine.
Regarding Estafa under Article 315(2)(a) of the Revised Penal Code, the Court found that Borromeo’s false pretenses of having the power to deploy workers abroad, which induced the complainants to part with their money, constituted deceit. His subsequent failure to secure employment and his misappropriation of the funds fulfilled the elements of fraud and damage. The Court modified the penalties according to the Indeterminate Sentence Law, setting minimum and maximum terms based on the amounts involved. However, for the charge involving Donna Patricia Antonio (Criminal Case No. 93-129375), the Court acquitted Borromeo due to the prosecution’s failure to present her as a witness, resulting in a lack of evidence to prove his guilt beyond reasonable doubt for that specific count.