G.R. No. 173792 ; August 31, 2011
People of the Philippines, Plaintiff-Appellee, vs. Rosario “Rose” Ochoa, Accused-Appellant.

FACTS

Accused-appellant Rosario “Rose” Ochoa was charged with Illegal Recruitment in Large Scale (Criminal Case No. 98-77300) and three counts of Estafa (Criminal Case Nos. 98-77301, 98-77302, and 98-77303). The Information for illegal recruitment alleged that from February 1997 to April 1998, Ochoa recruited 15 individuals (Robert Gubat, Junior Agustin, Cesar Aquino, Richard Luciano, Fernando Rivera, Mariano R. Mislang, Helen B. Palogo, Joebert Decolongon, Corazon S. Austria, Cristopher A. Bermejo, Letecia D. Londonio, Alma Borromeo, Francisco Pascual, Raymundo A. Bermejo, and Rosemarie A. Bermejo) for overseas employment, collecting fees totaling ₱124,000.00 without the necessary license from the Department of Labor and Employment. The three separate Informations for estafa charged Ochoa with defrauding Robert Gubat of ₱18,800.00, Cesar Aquino of ₱19,000.00, and Junior Agustin of ₱32,000.00 by falsely promising them employment in Taiwan.
During the joint trial, the prosecution presented multiple private complainants who testified to being recruited by Ochoa from January to March 1998 for jobs in Taiwan or Saudi Arabia. Robert Gubat, an engineer, was promised work as a factory supervisor in Taiwan and paid ₱18,800.00. Junior Agustin, promised factory work in Taiwan, paid ₱28,000.00. Francisco Pascual was promised a job as a driver salesman in Saudi Arabia and paid ₱2,600.00 for a medical exam. Other complainants, including Rosemarie Bermejo, Cesar Aquino, Christopher Bermejo, Joebert Decolongon, and Fernando Rivera, similarly testified to paying various fees to Ochoa based on promises of overseas employment that never materialized. After failed attempts to get refunds through a barangay hearing on May 21, 1998, the complainants filed a joint complaint with the National Bureau of Investigation.
The prosecution also presented Cory Aquino from the Philippine Overseas Employment Agency (POEA), who certified that Ochoa was not licensed to recruit workers for overseas employment. Ochoa, in her defense, claimed she was merely an employee of Axil International Agency and that she only assisted the complainants in submitting their applications to her employer, without collecting any money from them personally. She asserted that the complainants’ payments were made directly to the agency.
The Regional Trial Court found Ochoa guilty of Illegal Recruitment in Large Scale and three counts of Estafa. The Court of Appeals affirmed the convictions but modified the penalties. Ochoa appealed to the Supreme Court.

ISSUE

1. Whether the Court of Appeals erred in affirming accused-appellant Rosario Ochoa’s conviction for Illegal Recruitment in Large Scale and three counts of Estafa.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with modifications to the penalties for estafa.
1. On Illegal Recruitment in Large Scale: The Court upheld the conviction. The elements of illegal recruitment are: (a) the accused undertook a recruitment activity under Article 13(b) or any prohibited practice under Article 34 of the Labor Code; and (b) the accused did not have the required license or authority from the POEA. For illegal recruitment in large scale, a third element is added: that the accused committed the act against three or more persons, individually or as a group. All elements were proven. The testimonies of multiple complainants were consistent and credible in establishing that Ochoa promised them overseas jobs and collected fees. The POEA certification confirmed she was not licensed. Her defense of being a mere employee was rejected. The act of promising employment to two or more persons for a fee constitutes recruitment, and doing so without a license is illegal. Since she recruited at least three persons (as evidenced by the multiple complainants), the crime was committed in large scale.
2. On Estafa: The Court also upheld the three convictions for estafa under Article 315(2)(a) of the Revised Penal Code. The elements are: (a) the accused defrauded another by abuse of confidence or by means of deceit; and (b) damage or prejudice capable of pecuniary estimation is caused to the offended party. Ochoa’s false representations of having the power to send the complainants abroad, which induced them to give her money, clearly constituted deceit. The failure of the promised employment to materialize caused them financial damage equivalent to the amounts paid. Each act of fraud committed against Robert Gubat, Cesar Aquino, and Junior Agustin constituted a distinct crime of estafa.
3. On Penalties: The Court imposed the penalty of life imprisonment and a fine of ₱500,000.00 for Illegal Recruitment in Large Scale under Republic Act No. 8042 . For each count of estafa, applying the Indeterminate Sentence Law, the Court modified the penalties. For defrauding Gubat (₱18,800.00) and Aquino (₱19,000.00), the penalty was set at an indeterminate sentence of four (4) years and two (2) months of prision correccional as minimum, to twenty (20) years of reclusion temporal as maximum. For defrauding Agustin (₱32,000.00), the penalty was set at an indeterminate sentence of six (6) years and one (1) day of prision mayor as minimum, to twenty (20) years of reclusion temporal as maximum. Ochoa was also ordered to pay each complainant the amounts defrauded, with legal interest.