GR 251876; (March, 2022) (Digest)
G.R. No. 251876 . March 21, 2022.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARY JANE DELA CONCEPCION Y VALDEZ A.K.A. “JUDITH A. VALDEZ” A.K.A. “OFELIA ANDAYA”, ACCUSED-APPELLANT.
FACTS
Accused-appellant Mary Jane Dela Concepcion, using aliases, was charged with Illegal Recruitment in Large Scale (under Sec. 6 of R.A. 8042, as amended by R.A. 10022) and multiple counts of Estafa (under Art. 315(2)(a) of the Revised Penal Code). The charges stemmed from allegations that from 2012 to 2014, in Manila, she promised overseas employment in Italy and New Zealand to more than 30 individuals for various positions (e.g., caregiver, factory worker, driver). She collected placement fees ranging from P15,000 to P80,000 from each complainant, totaling over P1,000,000, without possessing the required license or authority from the POEA. She failed to deploy the complainants and did not reimburse their payments. The Regional Trial Court convicted her. The Court of Appeals affirmed the convictions with modifications to the penalties and damages. Dela Concepcion appealed, arguing the prosecution failed to prove her guilt beyond reasonable doubt, particularly noting the absence of receipts for the payments.
ISSUE
Whether the absence of receipts issued by the accused for the payments made by the complainants is fatal to her conviction for illegal recruitment and estafa.
RULING
No. The Supreme Court denied the appeal and affirmed the convictions with modifications. The absence of receipts is not fatal to a conviction for illegal recruitment if the prosecution establishes through credible evidence that the accused engaged in recruitment and placement activities without the necessary license or authority. The Court found the testimonies of the complainants credible, consistent, and sufficient to prove all elements of Illegal Recruitment in Large Scale and Estafa. Dela Concepcion’s representations of her capacity to secure overseas employment, her collection of fees, and her subsequent failure to deploy the complainants were established. The fact that no receipts were issued does not negate the commission of the crimes, as the complainants’ detailed and corroborated accounts of making payments to her were deemed credible. The Court modified the penalties and interest rates on the damages awarded in accordance with prevailing jurisprudence.