GR 129486; (July, 2008) (Digest)
G.R. No. 129486 ; July 4, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GLORIA BARTOLOME, accused-appellant.
FACTS
Accused-appellant Gloria Bartolome, along with Lidelia Capawan (at large), was charged with four counts of Illegal Recruitment and four counts of Estafa before the RTC of Naic, Cavite. The charges stemmed from incidents in 1988 where the accused, without the required license from the DOLE, recruited and promised employment in Bahrain to four private complainants from Indang, Cavite. Each complainant testified to personally meeting Bartolome, who, along with Capawan, offered overseas jobs, collected various fees for processing and placement, and issued receipts and photocopied plane tickets. The promised employment never materialized, and the complainants failed to recover their money.
Bartolome denied the accusations, claiming the complainants were blackmailing her and that Capawan was the sole recruiter who also victimized Bartolome’s relatives. The RTC convicted Bartolome on all counts. On appeal, the CA modified the conviction, finding her guilty of Illegal Recruitment in Large Scale (for recruiting three or more persons) and four counts of Estafa. The CA imposed a penalty of life imprisonment and a fine for the large-scale illegal recruitment, and affirmed the penalties for estafa.
ISSUE
Whether the Court of Appeals correctly convicted accused-appellant Gloria Bartolome of Illegal Recruitment in Large Scale and four counts of Estafa.
RULING
Yes, the Supreme Court affirmed the CA’s decision. The legal logic rests on the concurrence of the elements of the crimes and the credibility of the prosecution witnesses. For Illegal Recruitment in Large Scale, the prosecution proved that Bartolome undertook recruitment activities without the necessary license or authority, and that she recruited at least three persons. The positive, categorical, and consistent testimonies of the four complainants, who had no ill motive to falsely testify against their childhood acquaintance, established these elements beyond reasonable doubt. Bartolome’s denial and her attempt to blame Capawan cannot prevail over this affirmative evidence.
Regarding Estafa under Article 315(2)(a) of the Revised Penal Code, the Court found that Bartolome defrauded the complainants by falsely pretending to have power and influence to secure overseas employment. This deceit induced the complainants to deliver money as placement fees, which Bartolome then misappropriated. Each act of collecting money from a specific complainant under false pretenses constitutes a distinct crime of Estafa. The conviction for both crimes is proper as illegal recruitment becomes a means to commit estafa, and the elements of each offense are different.