Case Digest : People vs. Matheus, 826 SCRA 364, G.R. No. 198795 June 7, 2017

 

The Parties:

1. Merceditas Matheus y Delos Reyes, accused-appellant.

2. Thelma N. Suratos (Suratos), private complainant, gave Php 55,000 to Merceditas based on representation which Mereceditas made to Thelma Suratos that Merceditas had the power and capacity to recruit and employ Thelma Suratos for a job in Cyprus as a caretaker.

3. Glenda R. Guillarte (Guillarte), private complainant, gave Merceditas PhP55,000 as full payment for her deployment abroad as a hotel staff member in Cyprus.

4. Merly O. Alayon (Alayon), private complainant, gave Merceditas an initial payment of Php 15,000 in exchange Mereceditas promised her a job in Cyprus as a part of the laundry staff.

5. Celso J. Bagay, Jr. (Bagay, Jr.), private complainant, gave Php 30,000 to Merceditas in exchange for the promise that he would leave in three months for a job as a dentist in London.

6. Rogelio Duldulao (Duldulao), private complainant, paid a total of PhP 29,000 to Merceditas in exchange for a tourist visa in Spain.

7. Doriza P. Gloria (Gloria), private complainant, however she did not testify during the pre-trial hence her complaint was not considered in the decision.

Facts:

1. Merceditas, accused-appellant, was charged with six counts of Estafa under Article 315 (2) (a) of the Revised Penal Code (RPC) and one count of Large Scale Illegal Recruitment under RA 8042, based on the affidavit-complaints made by the following: Thelma N. Suratos (Suratos); Glenda R. Guillarte (Guillarte); Merly O. Alayon (Alayon); Celso J. Bagay, Jr. (Bagay, Jr.); Rogelio Duldulao (Duldulao); and Doriza P. Gloria (Gloria).

2. The Regional Trial Court (RTC), Branch 218 of Quezon City, found accused-appellant guilty beyond reasonable doubt of five counts of Estafa and one count of Large Scale Illegal Recruitment under Republic Act (RA) No. 8042 or the Migrant Workers and Overseas Filipino Act of 1995.

3. The CA affirmed the finding of the RTC.

Issues & Ruling:

Whether or not Merceditas Matheus y Delos Reyes is guilty beyond reasonable doubt for the crime of Illegal Recruitment in Large Scale. Yes, all elements of the crime Illegal Recruitment in Large Scale are obtaining in the case.

The elements of the crime Illegal Recruitment in Large Scale are:

(1) the person charged undertook any recruitment activity as defined under Section 6 of RA 8042;

(2) accused did not have the license or the authority to lawfully engage in the recruitment of workers; and

(3) accused committed the same against three or more persons individually or as a group.

As regards the first element,

• Merceditas had undertaken recruitment activity when she promised the private complainants overseas employment for a fee.
• She also received money from the private complainants for their deployment abroad, as she even issued receipts to them though the absence of receipts cannot defeat a criminal prosecution for illegal recruitment.
• She impressed on complainants that she had the power or ability to send them abroad for employment so much so that the latter got convinced to part with their money in exchange therefor. Illegal recruiters need not even expressly represent themselves to the victims as persons who have the ability to send workers abroad. It is enough that these recruiters give the impression that they have the ability to enlist workers for job placement abroad in order to induce the latter to tender payment of fees.

Regarding the second element,

• The Philippine Overseas Employment Administration unmistakably reveals that Merceditas neither had a license nor authority to recruit workers for overseas employment.
• She also admitted during the pre-trial that she did not have a license or authority to lawfully engage in recruitment and placement of workers.

As regards the third element,

• It was established that there were five complainants, i.e., Suratos, Guillarte, Alayon, Bagay, Jr., and Duldulao.
• Private complainants' individual testimonies were so replete with details on how appellant convincingly, albeit deceptively, enticed them to pay all her demands in case, how she provided for their fake documents, and how she manipulated their thoughts and dreams for a better life, ending up in the cruel realization that she was nothing but a fraud.

Whether or not Merceditas Matheus y Delos Reyes is guilty beyond reasonable doubt for the crime of Estafa under Article 315(2)(a) of the RPC. Yes, all the elements of the crime of Estafa under Article 315(2)(a) of the RPC are present. It is settled that a person, for the same acts, may be convicted separately of illegal recruitment under RA 8042 or the Labor Code, and estafa under Article 315 (2) (a) of the RPC.

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.

(1) Merceditas 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.

(2) Because of the assurances given by Merceditas, 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.

Dispositive Portion

WHEREFORE, premises considered, the March 7, 2011 Decision of the Court of Appeals in CA-G.R. CR. H.C. No. 03737, which affirmed the November 26, 2008 Joint Decision of the Regional Trial Court, Branch 218 of Quezon City, in Criminal Case Nos. Q-03-119663-69, finding appellant Merceditas Matheus y Delos Reyes GUILTY beyond reasonable doubt of five counts of Estafa and one count of Large Scale Illegal Recruitment under R.A. No. 8042, otherwise known as Migrant Workers and Overseas Filipino Act of 1995 is hereby AFFIRMED with MODIFICATION