G.R. No. 131922; November 15, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELY LADERA a.k.a. FILOMENA LADERA, accused-appellant.

FACTS

Accused-appellant Filomena Ladera was charged with three counts of estafa and one count of Illegal Recruitment in Large Scale. The prosecution presented three complainants: Rodalino Cariño, Violeto Ramos, and Genaro Libuit. Cariño testified that in 1993, Ladera, his neighbor, promised him employment as a seaman in Singapore for a placement fee of P25,000.00, which he paid. He was deployed but suffered maltreatment aboard the vessel. Ramos stated that Ladera recruited him in September 1993, promising a $400 monthly salary for a fee of P28,000.00. He was deployed to Singapore but was also maltreated and underpaid. Libuit applied in January 1994, paying P17,500.00 for a promised seaman job in Singapore, but was never deployed. All complainants confirmed that Ladera processed their applications, collected fees, and issued receipts, but a POEA certification proved she was not a licensed recruiter.
The defense presented Ladera, who denied being a recruiter. She claimed she merely assisted the complainants as a friend by referring them to a certain Maribeth Baniquid, a licensed recruiter. She asserted that the amounts she received were for plane tickets and that the receipts she signed were merely as a witness. The Regional Trial Court convicted Ladera of three counts of estafa and Illegal Recruitment in Large Scale. On appeal, she argued that the prosecution failed to prove her guilt beyond reasonable doubt and that she acted merely as an agent of a licensed recruiter.

ISSUE

The core issue is whether the prosecution successfully proved the guilt of the accused-appellant for Illegal Recruitment in Large Scale and Estafa beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. On Illegal Recruitment in Large Scale, the Court ruled that the elements were conclusively established: (1) the accused undertook recruitment activities; (2) she did not have the required license or authority from the DOLE; and (3) she committed the same against three or more persons. The testimonies of the three complainants, corroborated by receipts and the POEA certification, proved that Ladera personally promised them overseas employment, processed their applications, and collected fees. Her defense of being a mere referral agent was rejected. The act of referring a person for overseas employment for a fee constitutes recruitment under the Labor Code. Since she recruited three persons without a license, the crime was committed in large scale, warranting the penalty of life imprisonment.
Regarding the estafa charges, the Court found all elements present. Ladera made false representations about her capacity to secure overseas employment for the complainants. Relying on these misrepresentations, the complainants delivered money to her. She then misappropriated these amounts, as the promised employment either resulted in deplorable conditions or did not materialize at all. Her failure to return the money upon demand further evidenced fraudulent intent. The Court modified the penalties for estafa, applying the Indeterminate Sentence Law. The conviction for Illegal Recruitment in Large Scale and three counts of estafa was sustained, with Ladera ordered to pay fines, indemnify the complainants with interest, and suffer life imprisonment.