GR 132311; (September, 2000) (Digest)
G.R. No. 132311 ; September 28, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MINA LIBRERO, accused-appellant.
FACTS
The accused-appellant, Mina Librero, was charged with Illegal Recruitment in Large Scale and eight counts of Estafa. The prosecution presented evidence that between October 1996 and January 1997, Librero, operating from the KGW International Office in Makati City, recruited ten individuals for overseas employment in Taiwan or Brunei as factory workers, salesladies, or domestic helpers. She collected placement fees ranging from ₱20,000 to ₱75,000 from the complainants, including Arthur Osias, Allan Joseph Nones, Ramonito Bautista, Andres Apatas, Edgar Amparo, and Elenor Gramonte. Librero issued receipts and promised immediate deployment. However, she failed to send any of the complainants abroad and did not return their money despite demands. A certification from the Philippine Overseas Employment Administration (POEA) confirmed that Mina Librero was not licensed or authorized to recruit workers for overseas employment.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt that Mina Librero is guilty of Illegal Recruitment in Large Scale and multiple counts 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) the accused did not have the required license or authority from the POEA; and (3) the accused committed the acts against three or more persons individually or as a group. The testimonies of the eight complainants, corroborated by receipts and the POEA certification, conclusively established all elements. Librero’s specific promises of jobs and collection of fees constituted recruitment and placement under the law. Her lack of a POEA license was irrefutable. The number of victims satisfied the “large scale” qualification, making the crime non-bailable.
Regarding Estafa under Article 315(2)(a) of the Revised Penal Code, the elements are: (1) the accused defrauded another by abuse of confidence or deceit; (2) damage or prejudice to the offended party. The Court found that Librero employed deceit by falsely representing her capacity to secure overseas employment, inducing the complainants to part with their money. This fraudulent pretence was the direct cause of the financial damage they suffered. The receipts signed by Librero solidified the evidence of misrepresentation and monetary loss. The defense of denial was deemed weak and could not overcome the positive and categorical testimonies of the victims. The penalties imposed by the trial court were upheld as within the range provided by law.