G.R. No. 130067 September 16, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANICETA “ANNIE” MORENO, accused-appellant.

FACTS

Accused-appellant Aniceta “Annie” Moreno was charged with Illegal Recruitment in Large Scale (Criminal Case No. 12190-R) and two counts of Estafa (Criminal Cases Nos. 12191-R and 12192-R). The information alleged that on or about December 18, 1992, in Baguio City, she willfully, unlawfully, and feloniously collected fees and promised employment in Canada to Virginia S. Bakian, Florence P. Juan, Josephine Sotero, and Felisa Bayani without securing the required license or authority. The separate estafa charges involved defrauding Virginia Bakian of P15,400.00 and Felisa Bayani of P15,000.00 by falsely pretending she could secure jobs for them abroad.
Prosecution evidence established that in December 1992, the four complainants were introduced to accused-appellant at a party by Magdalena Bolilla, who presented her as a recruiter for overseas employment. Virginia Bakian applied as a babysitter for Canada, submitted documents, and paid P15,400.00 as a placement fee without a receipt. Felisa Bayani, also applying for Canada, paid P15,000.00 in installments. Josephine Sotero and Florence Juan applied as domestic helpers for Hong Kong, paying P8,500.00 and P12,000.00, respectively, with a handwritten receipt issued for Sotero’s payment. Accused-appellant represented that she hired on a direct basis and promised deployment by May 1993. When she failed to deploy them and could not be located, the complainants reported to the POEA and learned she was not a licensed recruiter. They executed a joint affidavit, leading to the filing of cases in October 1993. After the cases were filed, accused-appellant made partial repayments to the complainants. A warrant for her arrest was issued in November 1993, but she was only apprehended on April 11, 1996.
Accused-appellant denied the charges, claiming she was merely an agent of Dynasty Travel Agency processing tourist visas, not recruiting for overseas employment. She pointed to Magdalena Bolilla as the one who promised overseas jobs to the complainants. She asserted that the money she received from Bakian and Bayani was for processing tourist travel, given to her by Bolilla, and was later returned. She denied collecting money from Juan and claimed the check given to Juan was purchased by Bolilla. She admitted collecting P7,000.00 from Sotero but only for a plane ticket for tourist travel, crumpling a receipt that described it as a partial payment for a placement fee.
The Regional Trial Court of Baguio City, Branch 6, found accused-appellant guilty beyond reasonable doubt of all charges. She was sentenced to life imprisonment and a fine of P100,000.00 for illegal recruitment in large scale, and indeterminate penalties for each estafa charge, and ordered to indemnify the offended parties.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that accused-appellant Aniceta “Annie” Moreno is guilty of the crimes of Illegal Recruitment in Large Scale and Estafa.

RULING

The Supreme Court AFFIRMED the decision of the trial court convicting accused-appellant, with MODIFICATION regarding the award of damages in the estafa cases.
The Court held that all elements of illegal recruitment in large scale were proven: (1) accused-appellant undertook recruitment activities by promising overseas employment to four persons (Bakian, Juan, Sotero, and Bayani); (2) she did not have the required license or authority from the POEA; and (3) she committed the same against three or more persons individually or as a group. Her defense of merely processing tourist visas was rejected. The Court found her acts constituted recruitment and placement under the law, as she promised employment, collected fees, and required submission of documents. Her failure to deploy the complainants and her subsequent concealment bolstered the conclusion of illegal recruitment.
Regarding estafa under Article 315(2)(a) of the Revised Penal Code, the Court found the elements present: (1) accused-appellant defrauded Bakian and Bayani through false pretenses of being able to secure overseas employment; (2) such false pretenses were made prior to or simultaneously with the fraud; (3) the complainants were induced to deliver money (P15,400.00 and P15,000.00) due to these pretenses; and (4) the complainants suffered damage. The Court noted that the amounts were eventually returned to the complainants after the cases were filed.
The penalty for illegal recruitment in large scale under Article 39(b) of the Labor Code is life imprisonment and a fine of P100,000.00, which was correctly imposed. For each estafa charge, the penalty should be based on the amount defrauded. Using the Indeterminate Sentence Law, the penalty imposed by the trial court (6 months and 1 day of prision correccional as minimum to 6 years, 8 months and 20 days of prision mayor as maximum for each) was within the proper range. However, the award of actual damages in the two estafa cases was ordered DELETED because the evidence showed Virginia Bakian had been repaid P1,500.00 and $300, and Felisa Bayani had been repaid P15,000.00.