GR 186132; (February, 2012) (Digest)
G.R. No. 186132 ; February 27, 2012
PEOPLE OF THE PHILIPPINES, Appellee, vs. NESTOR TUGUINAY, Appellant.
FACTS
The appellant, Nestor Tuguinay, was charged with Illegal Recruitment in Large Scale and four counts of Estafa. The Regional Trial Court (RTC) of Baguio City convicted him based on the testimonies of four complainants—Ferdinand Aguilar, Sakio Balicdang, Lim U. Tany, and Jordan B. Bangcawayan. They testified that the appellant and a co-accused recruited and promised them overseas employment in exchange for placement fees ranging from ₱63,500 to ₱75,000. A certification from the Philippine Overseas Employment Administration confirmed the appellant lacked any license to recruit workers. The RTC imposed life imprisonment and a ₱100,000 fine for illegal recruitment, and indeterminate penalties for each count of estafa.
The Court of Appeals affirmed the RTC’s decision in its entirety. The case was elevated to the Supreme Court for final review.
ISSUE
Whether the Supreme Court should affirm the appellant’s convictions for Illegal Recruitment in Large Scale and Estafa, and whether the penalties imposed were correct.
RULING
The Supreme Court denied the appeal but modified the penalties. The Court affirmed the convictions, finding all elements of the crimes proven beyond reasonable doubt. For Illegal Recruitment in Large Scale, the three elements were present: the appellant had no license, he undertook recruitment activities, and he committed the act against three or more persons. The complainants’ credible and unrebutted testimonies established his guilt. However, the Court modified the fine from ₱100,000 to ₱500,000, as the latter is the minimum mandated by Republic Act No. 8042 for illegal recruitment constituting economic sabotage.
For the four counts of Estafa, the Court also affirmed the convictions, finding the elements of deceit and damage present. The Court meticulously recalculated the maximum terms of the indeterminate sentences under Article 315 of the Revised Penal Code and the Indeterminate Sentence Law. It modified the maximum penalties as follows: for Criminal Case Nos. 19288-R, 19290-R, and 19291-R (involving ₱63,500, ₱70,000, and ₱70,000, respectively), the maximum is set at 10 years, 8 months, and 21 days of prision mayor; for Criminal Case No. 19289-R (involving ₱75,000), the maximum is set at 11 years, 8 months, and 21 days of prision mayor. The minimum term of 4 years and 2 months of prision correccional for each count was sustained.