G.R. No.
173473, December 17, 2008 same acts, be separately convicted for estafa under Article 315, par.
People of the Philippines
vs Beth Temporada
Ponente: Ynares-Santiago
Facts:
Accused Rosemarie Robles, Bernadette Miranda, Nenita Catacotan, Jojo
Resco and Beth Temporada are all employees of ATTC, a Travel and Tour
Company, recruited and promised overseas employment for a fee to Rogelio
Legaspis Jr, as a technician in Singapore, and other overseas workers. The
accused were holding office in Makati but eventually transferred to Manila.
After paying placements fees, none of the overseas recruits was able to
leave or recover what they have paid, thus they filed separate criminal
complaints against accused in Manila.
The accused were then sentenced to life imprisonment for illegal
recruitment and estafa. Then the case was referred to the CA for
intermediate review, CA affirmed with modification on the penalty. The
penalty was lowered for the lower court due to insufficiency of evidence.
ISSUE/S:
a. Whether or not the trial court erred in finding the appellant
guilty of illegal recruitment and five (5) counts of estafa.
b. Whether or not the indeterminate penalties imposed for
the five (5) counts of estafa were proper.
RULING:
a. Appellant is guilty.
The totality of the evidence, thus, established that appellant acted
as an indispensable participant and effective collaborator of her co-
accused in the illegal recruitment of complainants.
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
2(a) of the RPC.
The same evidence proving appellants criminal liability for illegal
recruitment also established her liability for estafa.
b. In one case, where the statute was ambiguous and
permitted two reasonable interpretations, the construction which
would impose a less severe penalty was adopted.
WHEREFORE, the Decision of the Court of Appeals is MODIFIED with
respect to the indeterminate penalties imposed on appellant for the
five (5) counts of estafa, to wit:
(1) In Criminal Case No. 02-208372, the accused is sentenced
to an indeterminate penalty of 4 years and 2 months of prisin
correccional as minimum, to 9 years, 8 months and 21 days of prisin
mayor as maximum.
(2) In Criminal Case Nos. 02-208373, 02-208375, and 02-
208376, the accused is sentenced to an indeterminate penalty of 4
years and 2 months of prisin correccional as minimum, to 10 years,
8 months and 21 days of prisin mayor as maximum for each of the
aforesaid three estafa cases.
(3) In Criminal Case No. 02-208374, the accused is sentenced
to an indeterminate penalty of 4 years and 2 months of prisin
correccional as minimum, to 12 years, 8 months and 21 days of
reclusin temporal as maximum.
In all other respects, the Decision of the Court of Appeals is
AFFIRMED.