This case has been cited 3 times or more.
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2002-08-06 |
CARPIO, J. |
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| In the recent case of People v. Arabia,[19] we held that: "While it may be true that complainants herein were not able to present receipts to prove that they in fact paid the placement fee of P16,000.00 each to accused Arabia with accused Tomas witnessing the payment, it has been ruled that the absence of receipts in a criminal case | |||||
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2002-06-06 |
QUISUMBING, J. |
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| In Criminal Case No. 95-653, appellant was charged with illegal recruitment in large scale. For such a charge to prosper, the following elements must concur: (1) the accused was engaged in recruitment activity defined under Article 13 (b), or any prohibited practice under Article 34 of the Labor Code; (2) he or she lacks the requisite license or authority to lawfully engage in the recruitment and placement of workers; and (3) he or she committed such acts against three or more persons, individually or as a group.[33] | |||||
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2002-06-06 |
QUISUMBING, J. |
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| Anent appellant's conviction for estafa in Criminal Cases Nos. 95-654 to 95-656, we find no error committed by the trial court. Their conviction and sentence are fully supported by the evidence on record. For charges of estafa to prosper, the following elements must be present: (1) that the accused defrauded another by abuse of confidence or by means of deceit, and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[39] In this case, appellant clearly defrauded private complainants by deceiving them into believing that she had the power and authority to send them on jobs abroad. By virtue of appellant's false representations, private complainants each parted with their hard-earned money. Each complainant paid P15,000 as recruitment fee to appellant, who then appropriated the money for her own use and benefit, but failed utterly to provide overseas job placements to the complainants. In a classic rigmarole, complainants were provided defective visas, brought to the airport with their passports and tickets, only to be offloaded that day, but with promises to be booked in a plane flight on another day. The recruits wait in vain for weeks, months, even years, only to realize they were gypped, as no jobs await them abroad. No clearer cases of estafa could be imagined than those for which appellant should be held criminally responsible. | |||||