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PEOPLE v. EDUARDO BALLESTEROS

This case has been cited 6 times or more.

	GR No. 208686 2015-07-01	PEOPLE v. ALELIE TOLENTINO CARPIO, J.
3. He committed the same against three or more persons, individually or as a group.[11] RA 8042,[12] otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," established a higher standard of protection and promotion of the welfare of the migrant workers, their families and overseas Filipinos in distress. RA 8042 also broadened the concept of illegal recruitment for overseas employment and increased the penalties, especially for Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a Syndicate, which are considered offenses involving economic sabotage.[13] Part II of RA 8042 defines and penalizes illegal recruitment for employment abroad, whether undertaken by a non-licensee or non-holder of authority or by a licensee or holder of authority.
	GR No. 208686 2015-07-01	PEOPLE v. ALELIE TOLENTINO CARPIO, J.
The elements of estafa are: (1) the accused defrauded another by abuse of confidence or by means of deceit; and (2) the offended party or a third party suffered damage or prejudice capable of pecuniary estimation.[23] In this case, the prosecution proved beyond reasonable doubt that appellant deceived private complainants into believing that she had the authority and capability to send them to Korea for employment, despite her not being licensed by the POEA to recruit workers for overseas employment. She even showed them pictures of past applicants whom she allegedly sent abroad for work. She also assured them that she would be able to secure their visas and employment contracts once they pay the placement fee. Because of the assurances given by appellant, private complainants paid appellant a portion of the agreed placement fee, for which appellant issued petty cash vouchers[24] with her signature, evidencing her receipt of the payments. Clearly, these acts of appellant constitute estafa punishable under Article 315 (2)(a) of the Revised Penal Code.
	GR No. 197539 2014-06-02	PEOPLE v. ANGELITA I. DAUD LEONARDO-DE CASTRO, J.
The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[29]
	GR No. 173792 2011-08-31	PEOPLE v. ROSARIO 'ROSE' OCHOA LEONARDO-DE CASTRO, J.
The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[56] Both elements are present in Criminal Case Nos. 98-77301, 98-77302, and 98-77303. Ochoa's deceit was evident in her false representation to private complainants Gubat, Cesar, and Agustin that she possessed the authority and capability to send said private complainants to Taiwan/Saudi Arabia for employment as early as one to two weeks from completion of the requirements, among which were the payment of placement fees and submission of a medical examination report. Ochoa promised that there were already existing job vacancies overseas for private complainants, even quoting the corresponding salaries. Ochoa carried on the deceit by receiving application documents from the private complainants, accompanying them to the clinic for medical examination, and/or making them go to the offices of certain recruitment/placement agencies to which Ochoa had actually no connection at all. Clearly deceived by Ochoa's words and actions, private complainants Gubat, Cesar, and Aquino were persuaded to hand over their money to Ochoa to pay for their placement and medical fees. Sadly, private complainants Gubat, Cesar, and Aquino were never able to leave for work abroad, nor recover their money.
	GR No. 173198 2011-06-01	PEOPLE v. DOLORES OCDEN LEONARDO-DE CASTRO, J.
The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[32]
	GR No. 173473 2008-12-17	PEOPLE v. BETH TEMPORADA YNARES-SANTIAGO, J.
Anent the conviction of appellant for five (5) counts of estafa, we, likewise, affirm the same. Well-settled is the rule that a person convicted for illegal recruitment under the Labor Code may, for the same acts, be separately convicted for estafa under Article 315, par. 2(a) of the RPC.[14] The elements of estafa are: (1) the accused defrauded another by abuse of confidence or by means of deceit; and (2) the offended party or a third party suffered damage or prejudice capable of pecuniary estimation.[15] The same evidence proving appellant's criminal liability for illegal recruitment also established her liability for estafa. As previously discussed, appellant together with her co-accused defrauded complainants into believing that they had the authority and capability to send complainants for overseas employment. Because of these assurances, complainants parted with their hard-earned money in exchange for the promise of future work abroad. However, the promised overseas employment never materialized and neither were the complainants able to recover their money.