G.R. No. 258753 , June 26, 2024
People of the Philippines, Plaintiff-Appellee, vs. Lourdes Rivera, Josie Poy Lorenzo, and Angelita Dayrit, Accused, Lourdes Rivera, Accused-Appellant.

FACTS

Accused-appellant Lourdes Rivera, along with Josie Poy Lorenzo and Angelita Dayrit, was charged with Illegal Recruitment in Large Scale and multiple counts of Estafa. The cases stemmed from complaints filed by Michael Silva, Michelle Silva, and Teresita De Silva, who were promised overseas employment in London, United Kingdom. Rivera, through her office in Malate, Manila, represented that she could provide them with hotel jobs, showed them employment contracts, and collected placement fees (PHP 150,000.00 from Michael and Michelle, and PHP 200,000.00 from Teresita). The complainants were also made to pay for trainings and medical examinations. They were never deployed. Verification with the Philippine Overseas Employment Agency (POEA) revealed that Rivera, her co-accused, and their entities (Rain Ruiz Travel Consultancy Services and Manasia, Inc.) had no valid license or authority to recruit workers for overseas employment. The cases against Lorenzo and Dayrit were archived as they remained at large. The Regional Trial Court (RTC) found Rivera guilty beyond reasonable doubt of Illegal Recruitment in Large Scale and three counts of Estafa. The Court of Appeals (CA) affirmed the RTC’s ruling with modification, ordering Rivera to pay actual damages to the complainants. Rivera appealed to the Supreme Court.

ISSUE

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

RULING

Yes, the Supreme Court denied the appeal and affirmed the CA Decision with modification. All elements of Illegal Recruitment in Large Scale were proven: (1) Rivera had no valid license or authority to recruit, as certified by the POEA; (2) she undertook recruitment activities by promising employment, contracting, and collecting fees; and (3) she committed the acts against three or more persons (Michael, Michelle, and Teresita). Conspiracy among Rivera, Lorenzo, and Dayrit was evident from their combined actions showing a common design to defraud the complainants. The elements of Estafa under Article 315(2)(a) of the Revised Penal Code were also established: Rivera employed deceit by falsely representing her authority to deploy workers overseas, which induced the complainants to part with their money, causing them damage. The Supreme Court modified the penalties for Estafa in accordance with Republic Act No. 10951 , imposing indeterminate prison terms and adjusting the fines. Rivera was also ordered to pay the complainants actual damages (PHP 150,000.00 each to Michael and Michelle, and PHP 200,000.00 to Teresita) with legal interest.