GR 183099; (February, 2010) (Digest)
G.R. No. 183099, February 3, 2010
PEOPLE OF THE PHILIPPINES, Appellee, vs. RACHELLE BALAGAN and HERMINIA AVILA, Appellants.
FACTS
Appellants Rachelle Balagan and Herminia Avila were charged with Syndicated Illegal Recruitment (Criminal Case No. 03-2683) and Estafa (Criminal Case No. 03-2684). The prosecution evidence, primarily from complainant Michael O. Fernandez, established that in February 2003, Fernandez applied for overseas work as a factory worker in Ireland through Rosabel Travel Consultancy, operated by Rosabel Balagan (mother of Rachelle). Appellants, identified as clerk (Rachelle) and secretary (Herminia) in the agency’s advertisements and documents, along with Rosabel, represented they could deploy him for a fee of ₱150,000.00, with a promised departure date of March 28, 2003. On March 21 and 22, 2003, Fernandez paid a total of ₱57,000.00, which he handed to Herminia, who issued receipts signed by Rosabel. Fernandez failed to depart as promised and later discovered from the POEA that the accused had no license to recruit workers. Appellants denied the charges, claiming they were mere applicants or had no involvement in recruitment. The Regional Trial Court convicted them of both charges. The Court of Appeals affirmed but modified the convictions, finding them guilty of Simple Illegal Recruitment (not syndicated) and Estafa, adjusting the penalties accordingly.
ISSUE
1. Whether appellants are guilty of Illegal Recruitment.
2. Whether appellants are guilty of Estafa.
3. Whether the penalties imposed by the Court of Appeals are correct.
RULING
1. Yes, appellants are guilty of Simple Illegal Recruitment. The Supreme Court affirmed the Court of Appeals’ finding that the prosecution proved illegal recruitment, as appellants, without POEA license or authority, recruited and promised overseas employment to Fernandez for a fee. However, the charge of Syndicated Illegal Recruitment was not proven, as it requires involvement of three or more persons conspiring together. The Court upheld the conviction for Simple Illegal Recruitment under Republic Act No. 8042.
2. Yes, appellants are guilty of Estafa. The Court found that appellants defrauded Fernandez by falsely representing they could secure him overseas employment, inducing him to pay ₱57,000.00, which they misappropriated. This constitutes Estafa under Article 315(2)(a) of the Revised Penal Code.
3. The penalties were modified. The Supreme Court affirmed the Court of Appeals’ penalty for Simple Illegal Recruitment: imprisonment of six years and one day to twelve years and a fine of ₱200,000.00 each. For Estafa, the Court modified the penalty per People v. Temporada: since the amount defrauded (₱57,000.00) exceeds ₱22,000.00, the indeterminate penalty is four years and two months of prision correccional as minimum, to nine years, eight months, and twenty-one days of prision mayor as maximum. Appellants were also ordered to indemnify Fernandez ₱57,000.00 with legal interest.
The Supreme Court affirmed the Court of Appeals’ Decision with the above modification to the Estafa penalty.