G.R. No. 232245 . March 02, 2022.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MILDRED COCHING LIWANAG, ACCUSED-APPELLANT.

FACTS

Accused-appellant Mildred Coching Liwanag was charged with Illegal Recruitment in Large Scale (Criminal Case No. 10-443) and four counts of Estafa under Article 315(2)(a) of the Revised Penal Code (Criminal Case Nos. 10-444 to 10-447). The Informations alleged that in March 2009, in Muntinlupa City, she recruited and promised employment in Japan to four individuals—Carol Pagulayan Sepina, Jennifer Claudel, Allan Sepina, and Christopher Claudel—without securing the required license from the POEA. For each of the four complainants, she obtained the amount of P40,500.00 as processing fees by falsely representing she could deploy them as factory workers in Japan through her sister, with a promised departure date of October 4, 2009. The prosecution presented the complainants and a relative as witnesses, who testified that accused-appellant accompanied some of them to a travel agency, collected fees including a P12,000.00 visa application fee, and failed to issue receipts. The defense presented accused-appellant and her sister, who claimed the money was for a tour package and not for overseas employment. The Regional Trial Court found accused-appellant guilty on all counts, a decision affirmed by the Court of Appeals.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of accused-appellant for Illegal Recruitment in Large Scale and four counts of Estafa.

RULING

Yes, the Court of Appeals’ affirmation of the conviction is upheld. The Supreme Court found that all elements of Illegal Recruitment in Large Scale were proven: (1) accused-appellant undertook recruitment activities by promising employment in Japan; (2) she had no valid license or authority from the POEA, as certified by the POEA; and (3) she committed the acts against three or more persons individually or as a group. The defense of denial cannot prevail over the positive and categorical testimonies of the complainants. For Estafa under Article 315(2)(a), all elements were also established: (a) accused-appellant made false pretenses of having the capacity to send workers to Japan; (b) such pretenses were made to induce the complainants to part with their money; (c) the complainants relied on these pretenses and delivered the money; and (d) they suffered damage. The penalty for Illegal Recruitment in Large Scale is life imprisonment and a fine of not less than P2,000,000.00 nor more than P5,000,000.00, which was correctly imposed. For each count of Estafa, applying the Indeterminate Sentence Law and considering the amount defrauded (P40,500.00), the penalty is an indeterminate sentence of four (4) years and two (2) months of prision correccional as minimum, to fourteen (14) years and eight (8) months of reclusion temporal as maximum. Accused-appellant is also ordered to pay each complainant P40,500.00 as actual damages, with legal interest.