G.R. No. 131946 -47 February 8, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO REYES GOMEZ a.k.a. PHILIP ROGER LACSON and ROGER ELEAZAR GOMEZ, accused-appellant.

FACTS

Accused-appellant Rogelio Gomez was charged with Illegal Recruitment in Large Scale and eight counts of Estafa. The Information alleged that without the requisite POEA license, he recruited seven individuals for employment in Japan, charging them placement fees ranging from P65,000 to P160,000. The complainants, including Ronnie Agpalo and Herminia Antones, testified that they went to Gomez’s residence in Parañaque, where he promised them jobs. They paid the required fees and were eventually given plane tickets and visas, only to discover these were for China, not Japan. Gomez assured them he would follow to provide their Japanese documents, but he never arrived, leaving them stranded in China until their funds were depleted and they were forced to return to the Philippines.
Upon their return, the complainants discovered Gomez was detained by the NBI and filed their affidavits. The cases were consolidated. The defense presented Gomez’s wife, who claimed he was merely a travel agent assisting with visa processing and that the complainants were aware they were bound for China. The trial court convicted Gomez of Illegal Recruitment in Large Scale and seven counts of Estafa, sentencing him to life imprisonment and various prison terms, and ordering him to indemnify the complainants. Gomez appealed, arguing the prosecution failed to prove his guilt beyond reasonable doubt.

ISSUE

Whether the prosecution successfully proved the guilt of accused-appellant Rogelio Gomez for the crimes of Illegal Recruitment in Large Scale and Estafa beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. For illegal recruitment, the elements are: (1) the accused undertook a recruitment activity under Article 13(b) of the Labor Code, and (2) he did not have the required license or authority from the POEA. The testimonies of the complainants, corroborated by NBI Agent Aluzan’s verification that Gomez had no license, conclusively established these elements. His act of promising and contracting for overseas employment with multiple persons for a fee constitutes recruitment and placement. The defense of being a mere travel agent failed, as his specific promises of jobs in Japan and collection of exorbitant placement fees clearly demonstrated recruitment activities.
Regarding Estafa under Article 315(2)(a) of the Revised Penal Code, the elements of deceit and damage were proven. Gomez employed false pretenses by promising non-existent jobs in Japan, inducing the complainants to part with their money. Their subsequent stranded status in China constituted evident damage. The Court found the testimonies of the complainants credible, consistent, and worthy of full faith. The defense’s denial could not overcome the positive and categorical identification made by the victims. The penalty for Illegal Recruitment in Large Scale is life imprisonment and a fine. For Estafa, the penalties were modified according to the Indeterminate Sentence Law, based on the amounts defrauded, and the award of indemnity was sustained.