People vs. Delos Reyes (2017)

PEOPLE OF THE PHILIPPINES vs. MERCEDITAS MATHEUS DELOS REYES

G.R. No. 198795, June 7, 2017 

TIJAM, J.:

Facts: Appellant was charged with six counts of Estafa in an Information which alleges that accused conspiring together with other unidentified accused, feloniously defraud the complainants on different occasions, by means of false manifestations and fraudulent representation to the effect that they had the power and capacity to recruit and employ the complainants for employment abroad, and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereto, and succeeded in inducing said complainants to give and deliver, as in fact gave and delivered to said accused the sum of money, which amount once in possession, with intent to defraud, willfully, unlawfully and feloniously misappropriated, misapplied and converted to their own personal use and benefit, to the damage and prejudice of the complainants.

For her part, appellant admitted that she was the Overseas Marketing Director of All Care Travel & Consultancy, with All Care Travel & Consultancy as its affiliate. She claimed that she did not know Suratos, Guillarte, Alayon, Bagay, Jr., and Gloria. She likewise claimed that she neither signed nor issued any receipt using the name "Manzie delos Reyes" in favor of the complainants. She further claimed that she was not engaged in any recruitment and placement activities. During the pre-trial, she admitted that she had no license to recruit workers for overseas employment.

Issue: Whether or not appellant is guilty for the crime of estafa.

Ruling: Yes. 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.

Here, appellant deceived private complainants into believing that she had the authority and capability to send them abroad for employment, despite her not being licensed by the POEA to recruit workers for overseas employment. Because of the assurances given by accused-appellant, the private complainants parted with their hard-earned money for the payment of the agreed placement fee, for which accused-appellant issued petty cash vouchers and used fictitious names evidencing her receipt of the payments.

Ratio Decidendi: A person, for the same acts, may be convicted separately of illegal recruitment and estafa.

Gist: This is an appeal from the Decision of the CA, which affirmed the Joint Decision of the RTC, finding accused-appellant guilty beyond reasonable doubt of five counts of Estafa and one count of Large Scale Illegal Recruitment.